SOUTH DUM DUM MUNICIPALITY Vs. RAJA CHOWDHURY

JUDGEMENT

(1.) The present appellants preferred a review petition before the Hon'ble Single Bench, along with an application for recalling, with respect to its order dtd. 14/1/2020, passed in writ petition No.WPA 23763 of 2019, being Nos. RWV 36 of 2020 and CAN 1 of 2020 respectively. Both of those applications were disposed of by the Hon'ble Single Judge vide order dtd. 21/4/2022 when the Bench has directed for rejection of both the said applications. Hon'ble Single Judge's order dtd. 21/4/2022 as well as the order passed in Writ Petition No. 23763 of 2019, are under challenge in these appeals.

(2.) Mr. Kishore Dutta has represented the appellant/municipality here. Appellant's challenge is with regard to the verdict of the Hon'ble Single Judge, that the respondent No.1/ writ petitioner should be immediately recommended (within a stipulated time) for appointment on promotion to the vacant post of 'Assistant Engineer', of the said municipality. In its order dtd. 14/1/2020, the Hon'ble Single Bench has also directed that upon recommendation by the appellant/municipality, the name of the respondent No.1/writ petitioner should be forthwith approved by the present respondent No. 4 i.e, the Directorate of Local Bodies, Government of West Bengal, within the time period, as directed.

(3.) Mr. Dutta has firstly said that such directions by the Hon'ble Single Bench, would be violative of the constitutional provisions and thus not maintainable. He specifies that the 'vacant post' of Assistant Engineer, as indicated by the Hon'ble Single Judge, is a post reserved for candidates belonging to the category of Schedule Caste/ Schedule Tribe. The respondent No.1/writ petitioner not belonging to the said category, but being an unreserved category employee, would not be a suitable and eligible candidate for the said post. He has said that the Hon'ble Single Judge has erred in orders dtd. 14/1/2020 and 21/4/2022 (rejecting the review petition) by not considering that recommendation of an unreserved employee for promotion to a post earmarked as reserved, would tantamount to violation of Constitutional mandate as envisaged in Article 16(4A) and Article 16(4B) of the Constitution of India.