SANKARDEB ACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ application is directed against a judgment and order dated 17.11.97 passed by the West Bengal Administrative Tribunal in O.A. No. 759 of 1996, whereby and whereunder the application filed by the petitioners herein had been disposed of directing :

(2.) Mr. Neogi submits that although in terms of the order passed by this court on the earlier occasion, cases of the parties as regards their respective position in the gradation list had been considered, but the respondents have failed and/or neglected to consider this vital aspect of the matter. According to Mr. Neogi, those officers who had not been confirmed consequent upon their non-passing of the departmental examination as was required in terms of Rule 5(b) aforementioned, their position cannot be higher up in the gradation list in comparison to that of the writ petitioners who had been confirmed having passed the departmental examination.

(3.) Having heard the learned counsel, we are of the opinion that keeping in view the fact that in the instant case confirmation is not to be granted automatically or being not a fortuitous circumstance, as a result whereof the seniority of the respective employees would be normally determined, from the date of their initial appointment, this aspect of the matter may also be considered by the authorities concerned afresh. Such consideration may be made at an early date, and preferably within a period of 8 weeks from the date of communication of this order. The order of the learned Tribunal is modified to the aforementioned extent and the writ petition is disposed of. Xerox certified copy, if applied for, be supplied on priority basis. Order accordingly.