Remedy for violation of Article 14 & 21

2 years ago

Three non-teaching staffs were recruited in a govt-aided college in West Bengal through direct recruitment, as no permanent non-teaching staffs were in that college then. However, DPI rejected their governmental approval for their permanency & salary, briefly indicating at anomalies in the selection procedure. Next the Calcutta High Court, when approached separately, set aside all allegations of DPI and ordered for its resolution through discussion within DPI, college & these employees. Again DPI sent them rejection letter showing same reasons. All they approach the court again separately. Court ordered for an affidavit-in-opposition by DPI in all 3 cases. Till date only in 1 case DPI has submitted such affidavit. In 2019, out of these 3, in 1 case, the court gave an ex-party order, showing neither such affidavit-in-opposition nor any DPI representation in the final hearing. In tune to the going harassments, a conspiracy turned more troubles for 1 among them -- several fact-finding committees to investigate over their sub-judicial appointments, rumours about his/family wrong-doings etc forced him ultimately to stop attending his office regularly. Fake charge-sheet. Show-cause notices etc were even given to him by his appointing authority. His replies & request to re-join normal duty were denied. The main reason behind his harassments is his publicly criticising denial of appointment of a permanent principal recommended by WBCSC in this college by the G.B.

In this scenario, what is the best remedy – either he shall go with the pending legal suit in high court or file a PIL afresh to appeal to court to investigate over the biased action of DPI? Any if there is any remedy for him under harassment at office out of conspiracy?

Need a lawyer of Calcutta High court having expertise in service matters to guide him in these all and if possible, assist through his/her professional service.