LAWS(CAL)-2015-5-24

STATE OF WEST BENGAL Vs. SUKUMAR DAS

Decided On May 05, 2015
STATE OF WEST BENGAL Appellant
V/S
SUKUMAR DAS Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the Judgment and Order dated 07.02.2014 passed by the learned Central Administrative Tribunal Calcutta Branch in O.A No. 177 of 2013. In allowing the aforesaid original application filed on behalf of the respondent Nos. 1 to 9 in the present writ petition, the learned Tribunal had held that the aforesaid applicants who are all promotee officers to the West Bengal Civil Service (Executive) were entitled to be considered senior to the rest of the private respondents (being directly recruited WBCS Officers) and consequently, the State/ respondents were directed to condone the shortfall in length of service of those applicants to the extent of the difference between 01.09.1992, and the actual dates of their joining in the WBCS, for the purpose of elevation to scale no. 19, and conferment of the status of Joint Secretary by invoking the power of the Government to relax rules.

(2.) THE relevant extracts from the impugned judgment and order of the Ld. Tribunal are set out as under: -

(3.) THE facts mentioned in the original application filed before the learned Tribunal by the Respondent Nos. 1 to 9 in the present writ petition are briefly mentioned hereinafter : -