On an appeal against a writ petition seeking release of honorarium, the court upheld a lower court order dismissing the claim due to faulty selection procedures lacking wide publication and nominee presence. No order as to costs.
No relief granted; appeal dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
September 25, 2023 ARDR (8)
FMA 1998 of 2015
+
CAN 1 of 2012 (Old CAN 11495 of 2012)
Amar Kumar Bhattacharyya
Vs.
The State of West Bengal & ors.
Mr. Ekramul Bari, Mr. S. M. Ali,
…for the Appellant.
Mr. Ansar Mondal,
Ms. Sangeta Roy,
…for the State.
We have heard the learned counsel for the parties.
The writ petition was filed for release of honorarium from 26th November, 2008 since he has been working from that date.
Learned Single Judge has recorded that the said honorarium was not released in view of the fact that the petitioner was selected from “one man panel” and there was no wide publication and no nominee of the Panchayat Samity was present at the time of selection of Samprasarak.
Mr. Bari has submitted that if his service is continued beyond that time his case may be considered for honorarium.
However, having regard to the fact that the selection procedure was faulty, no one can claim any relief.
The appeal stands dismissed.
However, there shall be no order as to costs.
Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.
2
(Uday Kumar, J.)
(Soumen Sen, J.)
2 issues framed by the court
Whether an appellant can claim honorarium where the selection procedure was found to be faulty and lacked proper publication.
Whether continuation of service beyond the time of the flawed selection justifies award of relief.
Amar Kumar Bhattacharyya
The State of West Bengal
Uday Kumar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
