STATE OF WEST BENGAL Vs. ASHOK ROY CHOWDHURY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 10th June, 1987 passed by a Learned Single judge of this Court in C. O. No. 7489 (W) of 1986 whereby and where under the Writ application filed by the writ petitioner, respondent No. 1 has been allowed holding that the act of the respondents in promoting respondent no. 4 was not justified by a reason of conscious non-consideration of the cases including the petitioner and the impugned promotion of respondent no. 4 was set aside.

(2.) THE fact of the matter lies in a very narrow compass. The petitioner as also the respondent No. 4 were at the relevant time working as Upper division Clerk in the Public Vehicles Department of the State of West bengal. Admittedly Sri Timir Baran Dasgupta (hereinafter referred to as dasgupta) was the senior most amongst the concerned employees. In between Dasgupta and Roy Chowdhury, there were three other employees in order of seniority. The respective position of the parties would appear from a chart which has been referred to by the learned Trial Judge in the judgement under appeal, which is as follows :- <FRM>JUDGEMENT_142_TLCAL0_1994Html1.htm</FRM>

(3.) IT is stated that Roy Chowdhury was promoted as a Head Clerk on an ad-hoc basis and he was recommended for promotion to the post of Head clerk.