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Judgment
Samapti Chatterjee, J.
The petitioner filed the instant writ petition for non-appointing the petitioner in permanent post of Vector Control Mazdoor as per panel prepared in the year 1997 under schedule caste category by the Kolkata Municipal Corporation.
It is submitted by Ms. Soma Chakraborty, learned Advocate appearing for the petitioner that in the year 1996 on the basis of the names sponsored by the employment exchange a panel of 176 candidates was prepared to fill up the vacancies in the post of Vector Control Mazdoor. In the said panel the petitioner''s name was appearing in Serial No. 34, upto Serial No. 26 of the said panel were given appointment by the KMC under general category candidates and from Serial No. 35 to 40 were given appointment under schedule caste category candidates barring the petitioner.
It was further submitted by Ms. Chakraborty that the petitioner being the schedule caste candidate his name was registered under schedule caste category in the employment exchange, in spite of having schedule caste certificate the petitioner had not been given appointment under schedule caste category by the corporation authority though the candidates whose names were appearing below the name of the petitioner were provided with employment by the corporation under schedule caste category.
It is revealed from the records that the petitioner made representation before the corporation in the year 1999 and also in the year 2001 ventilating his grievances regarding non-appointing the petitioner in the post of Vector Control Mazdoor under schedule caste category.
Ms. Chakraborty further vehemently urged that it was the duty of the respondent authority to appoint the petitioner to the said post under schedule caste category. Therefore, this act on the part of the respondent authority is very much illegal, arbitrary, unjust and at the same time contrary to Articles 14, 16 and 21 of the Constitution of India.
Ms. Chakraborty also vehemently submitted that when the petitioner was selected in the list of 176 candidates then the petitioner should have been given appointment to the said post but other candidates whose names were appearing below the name of the petitioner were given appointment under schedule caste category, barring the petitioner, which action is discriminatory, vindictive in nature, and is therefore, should be interfered with by the Hon''ble High Court directing the respondent authority to immediately appoint the petitioner in the post of Vector Control Mazdoor under schedule caste category by allowing the present writ petition.
Per contra, Mr. Alok Ghosh, learned Advocate appearing for the petitioner contended that the petitioner''s name was never sponsored by the employment exchange under schedule caste category, therefore, the question to offer the employment to the petitioner under schedule caste category does not arise.
Mr. Ghosh also vehemently urged that during the life of the panel the petitioner never pointed out the fact before the authority that the petitioner''s name was considered as general candidate instead of schedule caste candidate though the petitioner is a schedule caste candidate having schedule caste certificate.
Mr. Ghosh also vehemently contended that life of the panel already elapsed in the year 1997 after appointment was given. Therefore, though the petitioner ventilated his grievances by making representation in the year 1999 and 2001 respectively but those representations could not be looked into as the life of the panel had already expired and all the posts were fulfilled.
Be that as it may, it was also contended by Mr. Ghosh that in the year 2003 the petitioner filed the present writ petition seeking relief which was admittedly after lapse of seven years, in between the time much water has flown to the Ganges.
Mr. Ghosh drew my attention to the supplementary affidavit filed by the corporation after obtaining leave from this Hon''ble Court to bring subsequent events on record in respect of the present case to the notice of the Court to meet ends of justice.
It is revealed from the said supplementary affidavit that in the year 1997 the petitioner along with other empanelled candidates of the said panel were engaged to work on casual basis in the post of Field Worker in Vector Control Mazdoor of the Health Department till November, 2001 on a contractual basis. Thereafter, on 10th December, 2001, the petitio0ner made representation for absorption on the ground, the petitioner had been working for more than 240 days in the said post. Thereafter, in July 2006 all casual workers including the petitioner were engaged to work as casual Field Worker.
Mr. Ghosh also pointed out that some time in the year 2008 some criminal complaint was lodged against the petitioner. As a result of which vide office order dated 24th June, 2008 the petitioner''s service was discontinued as casual worker on and from 1st July, 2008. On 17th February, 2009 some proposal was brought before the Mayor in Council by the concerned department of the KMC for absorption/regularisation of 67 casual workers provided they had performed duties for 240 days per year during continuous five years.
Mr. Ghosh further contended that sometime in 2010 one proposal was adopted for regularisation of the service of casual workers engaged on ''no work no pay'' basis.
It is also revealed from the supplementary -affidavit affirmed by the respondent authority that on 6th June, 2011, the petitioner made representation for being re-engaged after dismissal of criminal proceedings initiated against the petitioner by the Learned Chief Judicial Magistrate, Alipore, 24-Parganas (South). Thereafter on 21st March, 2011 by order of Special Officer (Health) the petitioner was allowed to rejoin as contractual field worker and the petitioner rejoined accordingly as contractual field worker on 24th March, 2011. Again on 25th March, 2013 the petitioner made representation to the concerned authority to regularise his service as field worker, since his representation was pending, therefore, the petitioner in the year 2013 filed another writ petition being WP No. 28992 (W) of 2013 praying inter alia for direction upon the Kolkata Municipal Corporation to regularise the petitioner''s service against the permanent vacant post of field worker under Vector Control Mazdoor of the Health Department in terms of the resolution dated 12th March, 2010. But, unfortunately, on 25th March, 2013 the Chief Municipal Health Officer issued a report stating that the petitioner''s case would not be considered as the petitioner failed to fulfill the pre-conditions of the resolution dated 12th March, 2010.
Challenging the said report the petitioner filed another writ petition being WP No. 28992 (W) of 2013 which was disposed of on 13th November, 2013 by this Hon''ble Court thus directing the Deputy Chief Commissioner (Personnel) to consider and dispose of the writ petitioner''s representation within eight weeks from the date of communication of that order. On 4th March, 2014 the Chief Manager (Personnel) as per direction of the order dated 13th November, 2013 passed in WP 28992 (W) of 2013 considered and rejected the petitioners representation.
Challenging the said order dated 4th March, 2014 passed by the Chief personnel the petitioner again filed a petition being WP No. 13604 (W) of 2014 which is still pending for final adjudication.
Having heard the learned Counsels appearing for the respective parties and also perusing the records I am of the opinion that the petitioner has filed one writ petition being WP No. 28992 (W) of 2013 praying for absorption to the post of field worker under Vector Control Mazdoor of the Health Department, in terms of the resolution dated 12th March, 2010 which was disposed of on 13th November, 2013 by this Hon''ble Court with some direction to consider the petitioner''s representation for regularisation with eight weeks.
Since thereafter by Order dated 4th March, 2014 petitioner''s representation was rejected by the Chief Manager (Personnel) therefore, being aggrieved the petitioner filed another writ petition being W.P. No. 13604 (W) of 2014 challenging the said order which is still pending for final adjudication. That being the position I am of the view that the writ petition being WP No. 9851 (W) of 2003 has lost its force as it has become infructuous.
I cannot ignore the fact that the petitioner had already availed of opportunity to get permanent service as field worker under Vector Control Mazdoor of the Health Department under the respondent authorities and that he has filed couple of writ petitions one of which is still pending for final adjudication. In this circumstances, I have no hesitation to hold that the present writ petition has lost its force due to the subsequent development during pendency of this writ petition.
Therefore, the present writ petition deserves to be dismissed. Accordingly the writ petition is dismissed.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties after fulfilling all the formalities.