NIHAR KANTI SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners' complaint in the writ petition is that the respondent authorities are insisting on the petitioners passing the test for the purpose of getting the promotion of U.D. cadre even though in the Police Regulation of Bengal being Rule 867. Such test can only be taken for promotion as Head Clerk, Reader, Cashier, Accountant and Reader's clerk but not for promotion of U.D. Assistant. He also submits that when the Government has formulated the promotional policy of U.D. Assistant on the principle of 1 : 1 rule with effect from 1.4.81, the petitioner being one of the L.D. Assistant cannot be denied that promotion and the Regulation 867 shall not to be taken to be a bar for the petitioner getting appropriate promotion in terms of Government notification for appointment for the post of U.D Assistant.

(2.) As the Regulation 867 governs some specific posts as mentioned therein then the respondents cannot take any test for the petitioner to give promotion to the U.D. Cadre and the petitioner's promotion to U.D. Cadre shall be governed by the Government notification by which 1 : 1 promotion to the post of U.D., clerk has been provided with effect from 1.4.81. The writ petition is therefore allowed. The respondents and each one of them shall, within six weeks from the date of communication of this order, grant the petitioner's promotion to the post of U.D. Assistant in terms of the Government Notification providing promotion on the basis of 1 : 1 Rule without initiating any test to be held by them for the said promotion. No order for costs is passed.

(3.) Let a xerox copy of this order be given to the learned Advocate for the petitioner on payment of usual charge and other formalities. Application allowed.