JUTHIKA BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE writ petitioners pray for declaration that the Gradation List dated 2nd/16th May, 1986 being Annexure K to the writ petition is bad, illegal, invalid, void ad-initio and has been made beyond its competence, jurisdiction and/or authority of and/or in violation of the provisions of Articles 309 and 311 of the Constitution of India and the said Gradation List being Annexure K to the writ petition is nonest in the eye of law and that the State Government be directed to regularise the services of the petitioners and that respondents be directed to regularise the services of the petitioner the post of Superintendent Manager belonging to the West Bengal Junior Social Welfare Service (hereinafter referred to as "the said service") and also to restore inter se seniority in the said cadre post and consequential promotions and further respondents be directed to cancel, rescind, withdraw and set aside the said provisional gradation List being Anenxure K to the writ petition and respondents also be directed to forbear from giving effect to the said Gradation List or to finalise the said Gradation List.

(2.) THE grievances of the petitioners, therefore, are for restoration of inter se seniority in the said cadre post of the said service from the date of joining and regulatisation of service and consequential promotion and withdrawal of draft Gradation List dated May 2, and 16, 1988.

(3.) THE petitioner no. 1 held the post of Superintendent to the cadre of the said service by Government Order No. 2392-SW/ie-113/76 dated June 3, 1977 which is a Gazetted Post with a direction to post her as the superintendent, Vidyasagar Balika Bhawan, Midnapore (hereinafter referred to as "the said Bhawan, Midnapore" ) from the date of joining the said post. On June 21, 1977 the petitioner joined the post of Superintendent of the said Bhawan, Midnapore belonging to the cadre of the said service. The petitioner thereafter on transfer was posted as Manager of female vagrants' Home, Uttarpara, Hooghly (hereinafter referred to as "the said Home") under the Directorate of Vagrancy, West Bengal under the Department of Relief and Welfare (Welfare Branch), Government of West Bengal. Again she was transferred to Dhakuria Home as the manager of New Vagrants' Home, Dhakuria (hereinafter referred to as "the said Home, Dhakuria. ") where she is continuing in the said post till date.