SUDIPTO BANDYOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner is working in the post of Conservancy Supervisor who is desirous to be promoted to the post of Sanitary Inspector.

(2.) Learned advocate representing the petitioner submits that permission was accorded by the Director of Local Bodies vide a memo dated 21st/22/9/2010 addressed to the Chairman of Hooghly Chinsurah Municipality (hereinafter referred to as the 'said municipality') whereby the municipality was allowed to recruit in the post of Sanitary Inspector along with three other posts. While according permission the Director directed the said municipality to follow the relevant provisions of the West Bengal Municipal Employees' (Recruitment) Rules, 2005. Subsequently, steps were taken by the municipality for recruiting in the post of Sanitary Inspector by promotion and to that extent a gradation list was prepared as it emanates from the resolution dtd. 10/3/2015. At the relevant portion of the said resolution it was resolved that as per the said gradation list the candidate against serial no. 1 was not found to be ineligible and petitioner was at the second position of the gradation list and it was decided that on verification of his certificate relating to qualification he is to be recruited in the post of Sanitary Inspector on obtaining necessary approval from the Director of Local Bodies. In terms of said resolution dtd. 10/3/2015 vide a letter dtd. 15/7/2016 prayer was made to the Director of Local Bodies for according approval to the promotion which is to be granted to the petitioner from the post of Conservancy Supervisor to Sanitary Inspector. On receipt of such prayer from the said municipality Director of Local Bodies took decision as contained in memo dtd. 10/1/2018 whereby prayer of the municipality for granting promotion to the petitioner was spurned on the ground that promotion from the post of Conservancy Supervisor to the post of Sanitary Inspector is impermissible since the same was found to be in breach of West Bengal Municipal Employees' (Recruitment) Rules, 2005 as amended. The said decision of the Director of Local Bodies which was communicated vide a memo dtd. 10/1/2018 is the subject matter of challenge in the present writ petition.

(3.) The learned advocate representing the petitioner draws attention of this Court to the relevant provisions as contained in the West Bengal Municipal Employees' (Recruitment) Rules, 2005 vis-a-vis the provisions relating to promotion to the post of Sanitary Inspector as provided under West Bengal Municipal Employees' (Recruitment) Rules, 2005 as amended vide a notification dtd. 28/11/2008. According to the petitioner in terms of substituted Entry 30 (Sanitary Inspector) promotion from the post in connection with which lower pay scale is attached to the post of Sanitary Inspector is permissible provided other eligibility criteria in terms of qualification clause against Entry 30 clause (b) are fulfilled. It is also submitted that since permission was accorded on 21st/22/9/2010 and the selection was made complete by adopting resolution of the municipality dtd. 10/3/2015 the West Bengal Municipal Employees' (Recruitment) Rules, 2005 as amended vide a notification dtd. 28/11/2008 is applicable in case of promotion of the petitioner to the post of Sanitary Inspector. Therefore, the subsequent Rules of 2017, according to the petitioner, is not applicable in the present case. Reliance has also been placed on clause (a) of Entry 30 of the aforesaid amended Rules of 2008 in order to substantiate that though in terms of unamended Rules of 2005 promotion was impermissible but in terms of amended Rules of 2008 promotion needs to be given first preference and in absence of suitable candidate direct recruitment would be the next option. While throwing challenge to the order of the Director dtd. 10/1/2018 it is contended that the ground taken therein in refusing the prayer of the petitioner for promotion to the post of Sanitary Inspector since the petitioner was holding the post of Conservancy Supervisor is misconceived consideration and which is contrary to the provisions as contained in amended Rules of 2008. Petitioner prays for cancellation of the impugned memo dtd. 10/1/2018 of the Director thereby permitting him to be promoted to the post of Sanitary Inspector.