Back
IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Tamal Chatterjee – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. initial facts regarding appointment process. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding wrongful denial of appointment. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. court's analysis on the validity of appointments. (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 4. basis for affirming the lower court's decision. (Para 28) |
| 5. final order regarding compensation to appellants. (Para 29 , 30 , 31 , 32) |
JUDGMENT :
SMITA DAS DE, J.
1. The instant intra-court appeal is preferred by the appellants in W.P. No. 4842(W) of 2017 against an Order dated June 8, 2018 challenging inter alia the order passed by the Learned Single Judge wherein the issue involved encompasses with regard to the denial of joining on the post of Junior Engineer at the office of Divisional Engineer, Berhampore even after accepting the offer of appointment and submission of the joining report.
2. Apropo the facts of the case, the petitioners (being the appellants herein) applied for the post of Junior Engineer in pursuance of an advertisement published on 30.12.2015 by the Managing Director, West Bengal State Minor Irrigation Corporation Ltd. (hereinafter referred to as W.B.S.M.I.C. Ltd. for the sak
Employment appointments require proper authorization and signatures in meeting minutes to be valid; otherwise, they can be declared void, affecting the entitlement to the position and compensation.
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
The court affirmed that the appellant's appointment was direct recruitment on probation, allowing termination for unsatisfactory performance, and clarified the distinction between promotional and dir....
Service Law - Appointment order issued by a person not authorized to do the same would be nullity and not an irregularity.
The court ruled that an FIR may be quashed if allegations do not disclose an offence, emphasizing prior judicial validation of the recruitment process.
Dismissals from service upheld due to misconduct; appointments not conferring rights due to violation of recruitment procedures. Legality and fairness in employment processes must align with statutor....
The absence of any rule, regulation, or policy decision for the regularization of contractual appointees and the need to discourage frivolous litigation.
The Supreme Court affirmed that appointments must adhere to advertised postings and emphasizes adherence to lawful recruitment processes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
