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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11139 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 25755 OF 2016 ] THE STATE OF WEST BENGAL & ORS.          Appellant (s)

                               VERSUS DEBASIS DAS & ORS.                       Respondent(s)

J U D G M E N T KURIAN, J. 1. Leave granted.

2. The State of West Bengal is before this Court, aggrieved by the order passed by the High Court of Calcutta  dated  11.02.2016  in  W.P.S.T.  No.  304  of 2010.   The  issue  pertains  to  selection  and appointment to the post of Assistant Investigator in the Bureau of Applied Economics and Statistics.

3. There is a chequered history for the case.  The selection process, as a matter of fact, commenced by issuing a Notification on 16.01.2007.  On account of certain  litigations,  the  selection  could  not  be finalized.  In between, there was an amendment to the Recruitment Rules and procedures.  It is the case of the writ petitioners, who were six in number, before the  High  Court  that  they  have  been  selected  for

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appointment and any subsequent change in the rules should not affect their prospects.

4. The learned counsel appearing for the State of West Bengal has brought to our notice that there are 75 vacant posts and on account of litigations for the last 10 years, the posts could not be filled up.

5. Having regard to the fact that the selection has been in litigation for quite long and having regard to the fact that only six of them got affected on account of the cancellation of selection, we are of the view that it is only in the interest of equity, justice and fairness that the State appoints those six people in furtherance of the selection already conducted  and  then  take  recourse  to  the  selection under  the  new  rules  in  respect  of  the  remaining vacancies.   Therefore,  this  appeal  is  disposed  of with  a  direction  to  the  State  of  West  Bengal  to appoint those six private respondents to the post of Assistant  Investigators  in  the  Bureau  of  Applied Economics and Statistics within a period of one month from today.

6. We make it clear that this direction is issued in the peculiar facts of this case for doing complete

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justice between the parties and, therefore, the same will not be treated as a precedent and no further claim will be entertained before the High Court.   

No costs.  .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; SEPTEMBER 01, 2017.

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ITEM NO.57               COURT NO.5               SECTION XVI                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)  No(s).  25755/2016 (Arising out of impugned final judgment and order dated  11-02-2016 in WPST No. 304/2010 passed by the High Court At Calcutta) THE STATE OF WEST BENGAL & ORS.                   Petitioner(s)                                 VERSUS DEBASIS DAS & ORS.                                 Respondent(s) Date : 01-09-2017 This petition was called on for hearing today. CORAM :  HON'BLE MR. JUSTICE KURIAN JOSEPH          HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s)  Mr. Soumitra G. Chaudhuri,Adv.                       Mr. Chanchal Kumar Ganguli, AOR                     For Respondent(s)  Mr. S. C. Maheshwari, Sr. Adv.  

Mr. Vipul Maheshwari, Adv.  Mr. Jabar Singh, Adv.   Ms. Nikhar Berry, Adv.   For M/s. V. Maheshwari & Co.  Mr. Amlan Kumar Ghosh, Adv.   Mr. Binod Kumar Jha, Adv.    

UPON hearing the counsel the Court made the following                              O R D E R

Leave granted.  The  appeal  is  disposed  of  in  terms  of  the  signed

non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA)                            (RENU DIWAN)   COURT MASTER                              ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)