SANDIP HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Preface

(2.) Subject controversy relates to promotion and/or relative seniority amongst the cadres working in State Fire Service. As per the prevalent Service Rules, there was no specific guideline with regard to promotion on year to year basis that created the complex situation resulting in the present controversy. The conflict was between two groups, being one (hereinafter referred to as Direct Recruitment Sub-Officers Group shortly DRSO) who were admittedly senior to the other group enjoying the post of Station Officer through a regular promotional process from the Feeder Post of Sub-Officers whereas the other Group (hereinafter referred to as Promotee Sub-Officers Group, shortly PSO) who were also promotees in the post of Station Officers from the Feeder Post of Sub-Officers. The junior group joined the post of Sub-officers in or about 90s after being promoted from the Feeder Post whereas the other group was recruited in 1980s and became Sub-Officers. In 1980 Rule 5 of the West Bengal Fire Service Recruitment Rules 1950 was challenged in CR. No. 9974 (W) of 1980. On May 3, 1984 this Court declared Rule 5 of the West Bengal Fire Service Recruitment Rules, 1950 as unfair and contrary to the constitutional mandate stipulated in Articles 14 and 16 of the Constitution. The selection made for promotion as per Rule 5 was quashed. State filed an appeal. The Division Bench allowed the appeal vide judgment and order dated December 22, 1988 and set aside the order of the learned single Judge. The petitioners therein filed a special leave petition before the Apex Court in 1989 being No. 3099 of 1989. The Apex Court vide order dated February 12, 1990 passed an interim order to the extent that any promotion made during the pendency of the Appeal would be subject to the final decision in the said matter. The special leave petition was admitted and the Civil appeal was renumbered as 1137 of 1990. It now appears that on March 31, 1998 the said appeal was dismissed due to non-service of notice of the said appeal for last eight years.

(3.) The State however did not conduct any promotional process since 1990. In fact, the entire promotional process was stalled from 1984 because of the protracted litigation. Although, there was no specific restraint made by the Apex Court the State did not venture to carry out the promotional process during the said period. The order of dismissal of the Apex Court appeal was also not in the knowledge of the State for a considerable period, as a result the promotional process was stalled for two decades. Whenever the exigency arose the State granted ad hoc promotions. Those were never confirmed. In 1994 to 1996 PSO joined as Sub-Officers. The next promotional post was the post of Station Officer. Regular promotion to the said post would require clearing of an examination conducted by PSC for confirmation to the post of Sub-Officers. PSO (two of them) cleared out the said examinations between the period of May 10, 1999 and November 1999 (others cleared on March 15, 1999). The Government vide Notification dated January 25, 1999 started regular promotional process for the post of Station Officers. It was rather an attempt to regularize the ad hoc appointees who got ad hoc promotions from the post of Sub-Officers to Station Officers. The Director, West Bengal Fire Service vide Memo dated January 25/February 26, 1999 asked the concerned eligible candidates to appear at the departmental test followed by interview for promotion on regular basis. In the mean time the result of the PSC examination held on different dates as referred to above, was published on March 15, 1999 when the PSO being respondent No. 6 to 10 were successful and were confirmed in the post of Sub-Officers except two, as stated above. Accordingly, both the groups participated in the departmental examination held on August 29, 2000 and were all qualified for promotion to the next higher post being the post of Station Officer. On September 13, 2000 the authority published a merit list on the basis of the said departmental examination. On the next day the promotions were given to both the groups. Pertinent to note, PSOs secured better merit in the said examination than that of DRSOs. However, both the groups were happy after being promoted on regular basis as Station Officers. Disputes arose after about six years when a gradation list was published placing DRSOs much above the PSOs, although, they faired well in the examination and as such were senior to the other group. Objections poured in. Being aggrieved, PSO filed application before the Tribunal being O. A. No. 2736 of 2007. During pendency of the said application the authorities revised the gradation list and published the same giving effect from May 28, 2007 being revised final gradation list. On a close look to the said list it would appear that the position of the PSOs became worse in the final gradation list.