PRABHAT KUMAR MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for direction upon the D.P.I. to consider the case of the petitioner for promotion from Group 'C' to the post of Group 'D' while working at the Durgapur Womens' College.

(2.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was issued a letter of appointment on 27/3/2007 by the Durgapur Womens' College appointing him to the post of Generator-cum-Pump Operator against certain scales of pay. On 5/9/2007 the D.P.I. fixed the pay of the petitioner as Generator-cum-Pump Operator. However, later on, the petitioner came to know that the post was actually of Generator-cum-Pump Operator-cum-Gas Plant Operator-cum-Mechanic. Therefore, the petitioner is entitled to more pay because he is performing more number of jobs. That apart, by a notification dtd. 26/11/2007 an earlier G.O was modified and it was decided that duly qualified candidates working for at least five years as regular employees in Group 'D' category in non government college in the State may be considered for appointment to the post of Group 'C' category of that college along with the candidates sponsored by the employment exchanges provided such candidates fulfilled the conditions for recruitment to the said post. In view of this, the petitioner made representation seeking promotion to Group 'C' post, but the same was never considered.

(3.) Learned senior standing counsel representing the State denies the allegations, relies on the report and submits as follows. The petitioner joined the Durgapur Womens' College in the post of Generator-cum-Pump Operator-cum- Gas Plant Operator-cum-Mechanic in a Group 'D' post on 27/3/2007. However, in the appointment letter the College Authority erroneously mentioned the designation as Generator-cum-Pump Operator. The pay fixation memo issued by the D.P.I. also mentioned the erroneous designation. However, by a subsequent memo of the Higher Education Department dtd. 10/5/2018, the designation was clarified as Generator-cum-Pump Operator-cum- Gas Plant Operator-cum-Mechanic. Moreover, the petitioner has misinterpreted the letter dtd. 10/5/2018 as for promotion from the Group 'D' to Group 'C' and to highest scale of pay. The said letter was only a clarification, which was never challenged by the petitioner. So far as the claim of the promotion from Group 'D' to Group 'C' post is concerned, there is no provision for such promotion. The notification dtd. 26/11/2007 never mentions the term promotion. Rather, it mentions that duly qualified candidates working for the last five years may be considered for appointment to the post of Group 'C' category. Such consideration would become an issue once the College decides to appoint somebody in the said Group 'C' post.