LAWS(CAL)-2020-1-2

SUBHASISH ROYCHOWDHURY Vs. STATE OF W.B.

Decided On January 02, 2020
Subhasish Roychowdhury Appellant
V/S
STATE OF W.B. Respondents

JUDGEMENT

(1.) The appellant writ petitioner describes himself as being engaged as a peon at the Nonapukur Workshop of the Calcutta Tramways Company (1978) Limited. The appellant approached this Court under Article 226 of the Constitution complaining of 15 persons being promoted to the post of record keeper in Calcutta Tramways Company (1978) Limited though there may have only been 12 posts available.

(2.) The appeal is directed against an order dated August 21, 2018 by which the writ petition was dismissed primarily on the ground that the writ petitioner had participated in the selection process and, after having failed, the writ petitioner sought to challenge the promotion process. According to the appellant, he did not participate in the process and the writ Court completely failed to appreciate the nature of the grievance that the appellant had brought to Court.

(3.) There is no doubt that the process for the promotion to the post of record keeper in this case was initiated by a notification of January 25, 2016. Employees with the minimum eligibility criteria as indicated in the notification were invited to participate in a written examination and interview for being promoted to the post of record keeper. Eight of the posts were for the unreserved category, three were reserved for the scheduled castes and one was reserved for a scheduled tribe candidate.