AMULYA KUMAR CHAKRAVARTY Vs. NIRMALAYA KUMAR MUKHERJEE

JUDGEMENT

(1.) In this Rule the petitioners have challenged a recommendation made by the Municipal Service Commission, Respondent No. 5 in favour of Shri Sourendra Nath Basu, Respondent No. 4 by their letter No. 806 MSC/IP - 5/75 dated April 24, 1975 in preference to them for substantive appointment to the permanent post of Deputy License Officer, Corporation of Calcutta in the grade of Rs. 535-20-555-25-780-30-840-35-875.00 on a consequential vacancy created by the promotion of one Shri Gouranganath Banerjee.

(2.) The petitioners who are employed as Senior Inspectors of the License Department of the Corporation of Calcutta have alleged that they have duly crossed the efficiency bar and are entitled to be considered for promotion to the post of Deputy License Officer which incidentally carries a maximum salary above Rs. 700.00 but below Rs. 1500.00 per month.

(3.) The relevant provisions of the Calcutta Municipal Act, 1951 as amended from time to time and those of the Calcutta Municipal Service Commission Rules 1953, framed in exercise of the powers conferred by section 82 (2) of the said Act relevant for the purpose of this case are:-