MANOJ BASUNIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Writ petition being WPA 6863 of 2025 (Manoj Basunia and Ors. vs. The State of West Bengal & Ors.) is considered first. Petitioners in WPA 6863 of 2025 were working as Peon (Group-D) under judgeship of Cooch Behar. Petitioners were desirous to be promoted to the post of Lower Division Clerk (LDC) and participated in the promotional process which was conducted in terms of the West Bengal District Court (Constitution of Service, Recruitment, Appointment, Probation and Discipline of Employees) Rules, 2015 (hereinafter referred to as "said Rules of 2015 ") along with other eligible candidates.

(2.) In the writ petition petitioners challenged order no. 223/A dtd. 20/12/2024 of the Chairman, District Recruitment Committee & District and Sessions Judge, Cooch Behar being respondent no. 4. Said impugned order dtd. 20/12/2024 was issued in terms of the order dtd. 27/9/2024 passed on a writ petition being WPA 2179 of 2024 (Manoj Basunia and Ors. vs. The Chairman, District Recruitment Committee & Ors.) passed by a coordinate bench. The writ petition being WPA 2179 of 2024 was preferred by the petitioners in WPA 6863 of 2025. Vide impugned order dtd. 20/12/2024 respondent no. 4 negated contention of the petitioners and decided that petitioners did not come within the zone of consideration for being favoured with promotion to the post of LDC.

(3.) It was submitted on behalf of petitioners that as promotional process was convened in terms of the said Rules of 2015 and Rule 22(b) provides in case of recruitment by promotion, seniority-cum-merit is the methodology meaning thereby seniority subject to minimum fitness of the candidate to discharge duties of the post and such candidate is eligible for promotion.