Supreme Court of India · 2014-09-04
Asis Kumar Samanta And Ors vs State Of West Bengal And Ors
- Citation / case number
- AIRONLINE 2014 SC 95
- Court
- Supreme Court of India
- Petitioner
- Asis Kumar Samanta And Ors
- Respondent
- State Of West Bengal And Ors
- Author
- R.M. Lodha
- Bench
- Rohinton Fali Nariman, Kurian Joseph, R.M. Lodha
Judgment text excerpt
The Supreme Court reiterated the principles established in U.D. Lama and Ors. Vs. State of Sikkim, emphasizing that appointments to the State Civil Service must adhere to Rule 4(1) of the Sikkim State Civil Service Rules, which mandates recruitment through competitive examinations or selection from existing government employees. The Court held that the failure of the State Government to establish a Public Service Commission led to unjust recruitment practices, and thus, the new recruits should be treated as having been appointed on the same date as the appellants to rectify the injustice caused. The judgment underscores the necessity of following statutory recruitment procedures to ensure fairness and equity in public service appointments.