PRASENJIT RAY Vs. KOLKATA MUNICIPAL CORPORATION

JUDGEMENT

(1.) The instant writ petition has been preferred challenging the final gradation list of Assistant Engineers (civil) published by the Kolkata Municipal Corporation (hereinafter referred to as 'KMC') dtd. 5/7/2021 wherein the petitioners were superseded by the promotees and directly recruited Assistant Engineers (civil) with effect from 6/7/2018.

(2.) The facts in a nutshell are that the petitioners are Assistant Engineers (civil) (hereinafter referred to as "AE(C)") of KMC herein respondent no.1 having promoted from the post of Sub-Assistant Engineers (civil) (hereinafter referred to as "SAE(C)") under the 15% quota for graduates against the supernumerary post by an order dtd. 5/7/2012, pursuant to the D.M.C (P) circular no. 19/IIIB/2012-13 dtd. 3/7/2012. The aforementioned circular established an avenue for advancement from the position of SAE(C) to AE(C) accessible to individuals possessing diplomas and degrees in engineering. This advancement requires 25 years of service for diploma holders and 13 years for degree holders, with the stipulation that in the latter scenario, a minimum of 05 years out of the 13 years of service must be completed as a degree holder.

(3.) The petitioners upon being promoted as AE(C) against the supernumerary post have been duly discharging their duties as AE(C). Moreover, by an order dtd. 25/1/2019, the Hon'ble Division bench, upon revising the order of the Ld. Single Judge, upheld the legality and validity of the circular issued on July 3, 2012 and the promotion order dated July 5, 2012. It is worth noting that subsequent to the order issued on January 25, 2019, a directive was issued by the Chief Manager (Personnel) herein respondent no. 3 on December 30, 2019, with the explicit approval of the Corporation. This directive explicitly stated that the matter of re- establishing the seniority ranking among the thirty-two individuals within the Gradation List of AE(C) commencing from July 6, 2012, in accordance with their respective degree acquisition dates, has been deliberated upon and duly sanctioned. Thereafter, on 26/8/2021, 19/3/2021, 8/1/2020 and 26/8/2021 the petitioners was absorbed against the permanent vacancies in the post of AE(C) by orders issued from time to time respectively.