DHANANJOY DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The aforesaid two writ petitions are taken up together having filed assailing the common judgment dtd. 17/6/2019 passed in OA 175 of 2016 and OA 1167 of 2016 by the West Bengal Administrative Tribunal. OA 175 of 2016 was filed by the Private Respondent no. 8 to recall the judgment and order dtd. 14/2/2014 passed in OA 122 of 2022 filed by the petitioners solely on the ground that he was not made party therein and the said judgment and order affected his right of promotion to the post of the Assistant Engineer (Mechanical/Electrical). OA 1167 of 2016 was filed by the petitioners challenging the Memo dtd. 30/3/2016 by keeping the final gradation list dtd. 29/3/2016 in abeyance and formation of a committee by the PHE Department for promotion of the Sub-assistant Engineer (Mechanical/Electrical) to Assistant engineers (Mechanical/Electrical) having been issued without assigning any reasons and in absence of any provisions for formation of such committee.

(2.) The parties were subjected to several round of litigations in relation to the publication of the draft gradation list which was subsequently finalised and the private respondents who were put in a higher pedestal in the gradation list and promoted to the post of the Assistant Engineer (Mechanical/Electrical).

(3.) The genesis of the instant litigation originated after the petitioners after the petitioners and the private respondents were recruited through a selection process initiated by the Public Service Commission for the post of the Sub-assistant Engineer (Civil/Mechanical/Electrical) in the West Bengal Subordinate Service of Engineers in the various engineering departments of the Government of West Bengal duly advertised and initiated in the year 1999. By virtue of the said advertisement, the examinations were conducted in three branches namely Civil Engineering, Mechanical Engineering and Electrical Engineering. After the conclusion of the examinations, two separate lists were published by the PSC for the post of Sub-Assistant Engineers recommending 5 candidates under the electrical branch and 14 candidates under the mechanical branch for appointment in the post of a Sub-assistant Engineer in the department of Public Health Engineering Directorate. Both the memos were issued on the same date. In the first list relating to electrical, Petitioner no. 2 was shown in a 4thposition in the general standard list and the Respondent no. 9 was shown in 12thposition. However, in the second list of the even date pertaining to the medical branch, the Respondent no. 8 was shown in 3rd position whereas the Petitioner no. 1 was shown in 5thposition. Pursuant to the aforesaid lists the appointment letters were issued on 30/8/2000 indicating that the inter se seniority shall be determined in accordance with the merit list prepared by the PSC. The petitioners joined the post on the next date i.e. 31/8/2000 whereas the Respondent no. 8 joined on 31/10/2000 and the Respondent no. 9 on 18/9/2000 respectively. By virtue of the memo dtd. 5/11/2007 issued by the Joint Secretary, Department of Public Health Engineering the direction was passed upon the Chief Engineer (W/Z) Public Health Engineering Directorate to prepare a combined gradation list to ascertain the seniority of the Sub-assistant Engineers of the combined electrical and mechanical cadre on consideration of the respective departments and issued the memos under which the names of the candidates were sponsored by the Public Service Commission, West Bengal. Pursuant to the said direction the draft gradation list of the Sub-assistant Engineers (Mechanical/Electrical) was prepared and intimated to the Superintendent Engineer, Mechanical Circle of the Public Health Engineering Directorate inviting the objection if any, with the supporting documents not only to correct the said draft gradation list but also in furtherance to the publication of the final gradation list. The petitioners raised objections and sought clarification in terms of the said letter dtd. 25/1/2008 but amidst the pendency of the decision to be taken thereupon, half yearly professional examination was conducted amongst the departmental candidates for the promotion to the post of Assistant Engineer and it is not in dispute that the petitioner participated in the said examination and were declared successful therein. The name of the petitioners were figured in Serial no. 1 and 2 under the head of Sub- assistant Engineers (Mechanical) in the notification dtd. 9/2/2009 which was duly forwarded to the department. Subsequently, a further draft gradation list of a combined cadre was published by the Chief Engineer (Mechanical/Electrical) on 28/1/2010 wherein the Respondent no. 8 was shown in Serial no. 22 and the Respondent no. 9 in Serial no. 24 which, according to the petitioner was in violation of Rule 4 Note 3 of the West Bengal Service (Determination of Seniority) Rules, 1981. Further objections were raised by the petitioners to the said draft gradation list dtd. 28/1/2010 but was not attended to nor any decision was taken thereupon which constrained the petitioner to approach the Tribunal by filing OA 1288 of 2010. In the said Tribunal Application, the petitioners not only alleged the inaction on the part of the authorities in not considering the objections raised to the draft gradation list dtd. 28/1/2010 but also challenged the said gradation list being violative of the provisions contained in the West Bengal Service (Determination of Seniority) Rules, 1981 and the promotion given on the basis thereof. The said Tribunal Application was disposed of on 18/1/2011 by the Tribunal directing the Chief Engineer (Mechanical/Electrical), Public Health Engineering Directorate to consider the said Tribunal Application as representation and dispose of the same by passing a speaking and reasoned order in accordance with law within a period of 4 months from the date of the communication and communicate the decision thereof to the petitioners herein within a period of 3 weeks therefrom.