ASIS KUMAR SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the order dated 24th March, 1999 passed by the Division Bench of Calcutta High Court in W. P. S. T. No.33 of 1997 whereby the Division Bench dismissed the writ petition. This Writ Petition was filed against the order passed by the West Bengal State Administrative Tribunal in Case No. TA 1293/1996 on 21st April, 1997, wherein 11 petitioners (appellants herein) were recruited directly to State Forest Service in March, 1990. Respondent Nos. 4 to 19 to the original petition were promoted to the State Forest Service vide Notification No. 940 dated 1-2-1991. They were given retrospective seniority with effect from 31st December, 1990. According to Rule 6(2) of West Bengal Service (Determination of Seniority) Rules, 1981 (hereinafter to be referred to as the Rules, the promotee shall be en bloc senior to the direct recruits of the same year. Consequently, the respondents 4 to 19 who were promoted in 1991 were given retrospective seniority w. e. f. 31-12-1990. Therefore, as per Rule 6(2) of the Rules, those respondents 4 to 19 got the seniority over directly recruited candidates. That was challenged by the direct recruits of the State Forest Service before the Tribunal. The State Tribunal upheld the grant of retrospective seniority and rejected their contention. Aggrieved against this, present writ petition was filed under Article 226 of the Constitution of India by direct recruits which was rejected by the Division Bench of the High Court. Hence the present appeal by the direct recruits.

(2.) The main question involved in this matter is whether such retrospective promotion or seniority can be granted or not

(3.) The moot question came up before this Court in various matters. But there is a conflict of opinion on this issue. Some judgments have recognized the retrospective seniority and in some cases it has not been accepted.