A petitioner seeking regularization of contingent menial staff service and salary arrears suppressed an earlier State Administrative Tribunal application disposed of in December 2022. The court found suppression and forum shopping and refused relief, disposing of the writ petition without costs.
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A-35 Ct No.13 10.06.2024 TN
WPA No. 1306 of 2024
Shri Kapil Shaw
Vs. The State of West Bengal and others
Mr. Debdutta Raha,
Mr. Suvom Dutta
…. for the petitioner
…. for the State
1. The petitioner was appointed as contingent menial staff by the Director of School Education on compassionate ground on 5th March, 1986.
2. He prayed for regularization of the services and release of salary, before the DI of Schools, Primary Education, Nadia. The DI appears to have recommended his case. It further appears that the DM, Nadia vide order dated 31st January, 2006 had also recommended the petitioner’s case for regularization.
3. What has been suppressed completely in the instant writ petition is that the petitioner has moved the State Administrative Tribunal for similar reliefs as in the instant writ petition in OA No. 581 of 2019. By an order dated 1st December, 2022, the said application was disposed of directing the respondent to pay arrear of salary and remuneration.
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4. The writ petitioner is clearly guilty of suppression of material facts. He is also guilty of forum shopping.
5. In these circumstances, no relief can be granted to the petitioner in the instant proceeding. The instruction of the DI, Nadia is kept on record.
6. The writ petition is disposed of.
7. There shall be no order as to costs.
8. All parties shall act on the server copy of this order duly downloaded from the official website of this court.
(Rajasekhar Mantha, J.)
1 issue framed by the court
Whether relief can be granted to a petitioner who suppressed a prior Tribunal application seeking the same reliefs and engaged in forum shopping.
Shri Kapil Shaw
The State of West Bengal
Rajasekhar Mantha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
