USHANANDA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS contempt application is filed alleging the intentional, willful and deliberate violation of an order dated February 11, 2004 passed in WPST No. 931 of 2003 by which the contemnors were directed to consider the case of the petitioner for promotion in accordance with the extant rules.

(2.) THE application filed by the petitioner before the West Bengal Administrative Tribunal, seeking various reliefs, came to be disposed of by directing the appropriate authorities to confirm the petitioner with effect from November 6, 1995 and to consider the case of the petitioner for Career Advancement Scheme as per the rules. The Tribunal, however, declined to grant the relief for promotion as the same is not a matter of right and there is a procedure for evaluating the eligibility of the promotion, subject to the availability of the promotional post.

(3.) THE petitioner challenged the said order before this Court in WPST No. 931 of 2003 to the extent that the tribunal was not correct in refusing to pass an order directing the respondent to consider the petitioner's case on a promotional post when the petitioner fulfills all the criteria required under the relevant rules.