CHINMOY DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The only issue that falls for consideration in the facts and circumstances of the instant case is whether the petitioner is entitled to be considered for being promoted on the basis of merit-cum-seniority or not. It is the admitted position that the petitioner had sat for a departmental examination for the post of Head Assistant of North 24-Parganas Zilla Parishad. The written examination was held on 14th and 15th of May, 2013. According to the petitioner, if the merit-cum-seniority criteria would have been followed, he would have come in the first position. However, the private respondent No. 6 was chosen on the basis of seniority-cum-merit, which, according to the petitioner, was not in accordance with the West Bengal Panchayat (Recruitment and Conditions of Appointment of Employees of Zilla Parishad) Rules, 1997. The learned advocate for the petitioner has referred to Chapter II of the said Rules and stated that in case of Head Assistant, the method of recruitment was by way of promotion from amongst the Upper Division Assistants and Accountants selected on the basis of merit-cum-seniority. This statutory Rule, according to the learned advocate for the petitioner, was flouted by the concerned respondent authority while selecting the private respondent No. 6 for the post of Head Assistant upon her participation in the written examination held on 14th and 15th of May, 2013.

(2.) Learned advocate for the petitioner has relied on the following judgments of the Supreme Court in order to buttress his submission:

(3.) On the other hand, the learned advocate appearing for the private respondent No. 6 has referred to a copy of a Government Order annexed to the affidavit-in-opposition filed on behalf of his client. He submitted that the said Government Order dated 3rd July, 2012, clearly states that the written examination shall be only for the purpose of screening of candidates and not for the purpose of elimination nor for determining their seniority in the promotional post. As such, his client has been rightly promoted to the post of Head Assistant.