Binapani Kar vs State of West Bengal

Paritosh Kumar Mukherjee, J.—In spite of service of notice in the office of the Legal Rememfirancer on August 7, 1991, there is no appearance on behalf the State Respondents.

We treat the appeal and application for stay both as on day''s list and dispose of the appeal and application accordingly.

This appeal was heard in part by us on August 6, 1991, when the learned Advocate appearing on behalf of the Appellant submitted before us that in view of the fact that there is already a recommendation made by the Chief Conservator of Forests, Government of West Bengal, on February 24, 1986, for absorption of the Appellant, it was just and proper for the said authority to consider the recommendation in terms of the Government order No. 5120(60)-LW dated October 17, 1977.

When this writ petition was moved on behalf of the Appellant, the said writ petition was dismissed summarily by the learned Single Judge of this Court on April 25, 1991.

He have considered the application for stay and we are of the view that both the application for stay of operation of the judgment and the appeal may be taken up together for disposal, in view of the fact that there is a recommendation by and on behalf of the Chief Conservator of Forests, Government of West Bengal, set out at p. 17 of the application for stay.

Accordingly, we dispose of the appeal by directing the Secretary to the Government of West Bengal, Department of Forests, to dispose of the entire matter, including the consideration of the prayer of the Appellant No. 2, Sri Tarun Kumar Roy, for absorption, in terms of the Circular referred to hereinabove within two months from the date of communication of the Xerox copy of this order.

In the event, the said authority is not in a position to absorb the Appellant No. 2, the said authority is required to give reasons in support thereof, so that the writ Petitioner can ventilate his grievance.

With this observation, both the application for stay and the appeal are disposed of.

There will be no order as to costs.

Let a Xerox copy of this order be given to the learned Advocate for the Appellant on observing all formalities.

Altamas Kabir, J.

I agree.

Appeal allowed with direction.