SRI MRINAL KANTI DAS Vs. MITALI GHOSE

JUDGEMENT

(1.) This is an application arising out of an appeal preferred against an order dated Aug. 22, 2017 passed in the writ application. By virtue of the order impugned to the appeal, direction for exchanging affidavits in the writ application was given with a further interim order directing the respondent authorities to maintain status quo ante the order of reversion of the respondent/ writ petitioner.

(2.) Having heard the learned Counsels appearing for the respective parties as also after considering the facts and circumstances involved in this appeal, we find that the appellant was promoted to the post of Senior Labour Officer (IR) under the Board of Trustees for the Port of Kolkata with effect from Feb. 17, 1994. The respondent/ writ petitioner was promoted to the above post with effect from April 25, 2006. A vacancy for the post of Deputy Labour Adviser and IRO/PO under the respondent Port Trust arose on June 26, 2013. The respondent/ writ petitioner was promoted to the above post on July 18, 2014.

(3.) On receipt of a complaint, a review departmental promotion committee was constituted which made its recommendation on April 20, 2017 for promotion of the appellant to the above post of Deputy Labour Adviser and IRO/PO. The recommendation got its approval from the respondent no. By an order dated Aug. 9, 2017, the appellant was promoted to the post of Deputy Labour Adviser and IRO/PO after reverting the respondent/ writ petitioner back to the post of Senior Labour Officer under the respondent Port Trust. Accordingly, a seniority list was prepared on Aug. 11, 2017.