TAPAN KUMAR DAS Vs. HIGH COURT AT CALCUTTA

JUDGEMENT

(1.) Assailing the judgement and order dated 24th July, 2009 passed by learned Trial Judge in W. P. No.13020 (w) of 2009, this appeal has been preferred. The learned Trial Judge dismissed the writ application. Twelve writ petitioners belonging to the cadre of Civil Judge, Senior Division, of West Bengal Judicial Service who were functioning as Additional District Judge on the basis of ad-hoc promotion being posted in different Fast Track Courts, moved the writ application affirming on 22nd day of June, 2009, by assailing the selection process for the rank of District Judge within the cadre of Higher Judicial Service of State of West Bengal as notified following the recruitment rules namely West Bengal Judicial (Condition of Service) Rules, 2004 effected from the date of notification in Calcutta Gazette dated 1st October, 2004, on the ground that petitioner should be regularised first in the rank of District Judge in view of their long service as ad-hoc appointee discharging function of Additional District Judge of different Fast Track Courts as established and for declaration further that there would be no necessity for further suitability tests to promote the writ petitioners in the rank of District Judge of Higher Judicial Service cadre of the State of West Bengal. Schedule of selection process namely dates of filing application, scrutiny of application, holding of examination and publication of result also was assailed by contending that the same was not in terms of mandate of Apex Court passed in the case Malik Mazhar Sultan being Civil Appeal No.1867 of 2006 pending in the Apex Court wherein time schedule was framed by the Apex Court to complete the process of selection for appointment in the post of Higher Judicial Service. Following prayers made in the writ application.

(2.) Learned Trial Judge discussed all points and came to the conclusion that

(3.) The judgement of the learned Trial Judge reads such: