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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
State of West Bengal – Appellant
Versus
Papiya Ghosal – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. Both the appeals, preferred at the behest of the State of West Bengal and its functionaries, arise from a common order dated September 19, 2023, delivered by the learned single Bench in two writ petitions being WPA 6322 of 2024 (Kabita Samanta vs. State of West Bengal & Ors.) and WPA 22212 of 2022 (Papiya Ghoshal (Maity) vs. State of West Bengal & Ors.), which were heard analogously. For having thematic coherence, both appeals were heard together.
2. Prior to venturing to delve into the contentious issue involved in the appeal, it is prudent to outline the key facts that led to these appeals, which are as follows:
The State must adhere to central guidelines mandating a 50%:50% ratio for filling Supervisor vacancies under ICDS, rejecting any conflicting state rules.
Anganwadi Workers selected for Supervisor posts are entitled to substantive appointments and benefits retroactively from their initial engagement date, regardless of contractual arrangements.
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
The court upheld the authority of the State to adjust recruitment vacancies, emphasizing the proper application of statutory rules regarding 'year of recruitment' and ensuring adherence to constituti....
The court upheld the principle that recruitment vacancies must be determined based solely on existing vacancies for the recruitment year, excluding anticipated future vacancies per statutory rules.
The State/respondents have spectacularly failed to give any reason for appointing the candidates from the second list and not from the first list who had a reasonable expectation to be appointed. Fur....
Point of law: Administrative instructions - Though there is no specific mention with regard to applicability of roster as prescribed in Chapter XIII of Handbook on Personnel Matters in the Rules 2006....
Post of Senior Clerk/Assistant Treasury Accountant Qualifications - It is settled law that there is no legal right vested in candidates to be selected for appointment - Selected candidates have only ....
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