ANIRBAN BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A judgment and order dated 26th February, 2016 passed by the West Bengal Administrative Tribunal (hereinafter the Tribunal) dismissing an original application preferred by the petitioners [O.A. 345 of 2015] is under challenge in this writ petition. While admitting the writ petition, a coordinate bench on 8th June, 2016 ordered that "(a)ny promotions granted in the cadre of Architects shall abide by the result of this writ petition". An application for modification [C.A.N. 5940 of 2016] having been filed by the petitioners, the same coordinate bench by its order dated 24th June, 2016 directed that "(n)o promotional post of Architects shall be filled in by direct recruitment during the pendency of this application. In the event such posts have already been filled in, such recruitments shall abide by the result of this petition". C.A.N. 1670 of 2017 was filed by the petitioners seeking an order for early disposal of the writ petition. This was followed by C.A.N. 1851 of 2017, at the instance of the State, seeking variation/modification/clarification of the order dated 24th June, 2016 to the effect that the State may be permitted to fill up the posts of Architect according to the Rules and that any appointment shall abide by the decision on the writ petition. Such an application was filed by the State apprehending lapse of the budgetary allocation. There is one other application [C.A.N. 11532 of 2019] at the instance of the petitioners, whereby injunction has been prayed for restraining the respondents from proceeding with an advertisement bearing no.20/2019 issued by the Public Service Commission, West Bengal, (hereafter, "the Commission") for direct recruitment of 5 Nos. of eligible candidates in the post of Superintending Architects.

(2.) By our order dated 5th February, 2020, we had directed that we would hear C.A.N. 5940 of 2016 and C.A.N. 1851 of 2017 together with the writ petition. The parties have accordingly been heard on 10th February, 2020. Since C.A.N. 11532 of 2019 is also pending, we would now proceed to dispose of all the pending interim applications together with the writ petition by this common judgment and order.

(3.) In the original application filed before the Tribunal, the petitioners had questioned the purported action of the respondents, in particular, the Commission, in issuing an advertisement bearing no. 2/2015 for the purpose of filling up the posts of 'Architect' in the West Bengal General Service under the Public Works Department (hereafter, "the Department"), as opposed to granting promotion to the petitioners to the said post from the feeder post of Assistant Architect (erstwhile nomenclature of 'Junior Assistant Architect') under the Chief Government Architect & ex-officio Chief Engineer of the Department, by violating the prevalent guidelines. Subsequently, by filing a Supplementary Affidavit, the petitioners had also challenged the Chief Government Architect, Superintending Architect, Architect and Assistant Architect Recruitment Rules, 2014 (hereafter, "the 2014 Rules") framed by the Department.