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ARIJIT BANERJEE, APURBA SINHA RAY
Suvendu Adhikari – Appellant
Versus
Rakesh Diasi – Respondent
Headnote: Read headnote
JUDGMENT :
Arijit Banerjee, J.
1. The Judgment and order dated April 8, 2022, whereby the writ petition of the respondent no. 1 herein being WPA No. 5454 of 2022, was allowed by a learned Single Judge, is sought to be challenged by the present intending appellant. An application for leave to appeal has been filed by the intending appellant being CAN 1 of 2022, since he was not a party to the writ petition.
2. When the application for leave to appeal was moved on August 26, 2022, a Coordinate Bench recorded as follows:-
List the matter under the same heading on November 11, 2022.
The affidavits that the re
The main legal point established in the judgment is the principle of locus standi and its application in the context of a private interest litigation.
A petitioner cannot claim a higher pay scale after accepting a lower position for an extended period, as estoppel and delay bar such claims.
A petitioner lacks locus standi to challenge a transfer order if no legal right is infringed, necessitating a direct personal grievance for maintaining a writ petition.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
Candidates in Ranked Lists retain rights for appointments post-amalgamation of District Banks, and authorities must act fairly by assessing existing vacancies and complying with statutory recruitment....
The waiting list for recruitment is exhausted upon appointment, necessitating a fresh selection process for any resultant vacancies.
The power of judicial review is a basic feature of the Constitution of India. It is for the executive to administer law and the function of the judiciary is to ensure that the Government carries out ....
Appointments cannot be mandated if the appointing authority has valid reasons to not fill positions, even after directions, and must adhere to administrative regulations regarding vacancies.
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