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2008 Supreme(SC) 1608

D.K.JAIN, C.K.THAKKER
Tridip Kumar Dingal – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appearing Parties:Jaideep Gupta, S.B. Sanyal, Tarun Kr. Roy, Sr. Advocates, Ashok Mathur, Sanjeev Sen, Partha Sil, Ghanshyam Joshi, R.K. Gupta, S.K. Gupta A.N. Baradiyar, Ms. Sharmila Upadhyay, Pijush K. Roy, Sunil Kumar Verma, Tara Chandra Sharma, Ms. Neelam Sharma, Kishan Datta, S.K. Bhattacharya, B.P. Yadav, Mrs. Sarla Chandra, N. Ganpathy, Mrinal Kanti Mandal, Snehasish Mukherjee, Debapriya Samanta, Rameshwar Prasad Goyal, Dr. Kailash Chand, Parijat Sinha, Ms. Reshmik Rea Sinha, S.C. Ghosh, Ms. D.N. Ray and Mrs. Sumita Ray, Advocates.

Judgment:-

C.K. Thakker, J.

Leave granted.

2. The present appeals have been instituted by the appellants being aggrieved and dissatisfied with the judgment and order passed by the High Court of Calcutta on August 11, 2003 in WPSR No. 630 of 2002 and companion matters and an order, dated January 06, 2005 in CAP No. 1006 of 2004 and cognate petitions.

3. The case has a checkered history. In early nineties of the last century, the Department of Health & Family Welfare, State of West Bengal suffered acute shortage and non-availability of adequate member of Medical Technologists. In their absence, laboratory and investigation work in Government Hospitals, Laboratories, Medical Colleges, Primary Health Centres, Blood Banks, etc. could not be performed satisfactorily. The Government was worrying as to distress and agony of patients visiting hospitals and dispensaries. It, therefore, took an initiative to fill up requisite number of vacancies of Medical Technologists by taking up the matter with the Employment Exchange. On October 5, 1993, the Assistant Director of Health Services (Administration) issued a Memo to the Director of Employment Exchange for sponsoring names of candidates for th













































































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