SUDHIR KUMAR ADHIKARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition the petitioner who is a driver appointed by the Housing Board with effect from 12-2-75 has moved this Court for quashing the order No. 4340/24B dated 2-4-1980 granting the order of promotion of Sri Gopal Giri in the up-graded post of driver and for appointing the petitioner to the said post as he is senior to the respondent Gopal Giri.

(2.) The petitioner states as follows: The West Bengal Housing Board by the order dated 2nd April 1980 has converted one out of six posts of driver in the basic grade of Rs. 235-435 into one of higher grade of Rs. 380-545 with effect from 1-4-1980. By the order annexure 'C' the West Bengal Housing Board has appointed the Respondent No. 6 Gopal Giri to that post with effect from 1st April 1980. Being aggrieved the petitioner claiming to be the senior to Gopal Giri made representation. As the representation went unheeded be moved the High Court under Article 226 of the Constitution. Mohitosh Mazumdar, J. in C.O. No. 13141 (W) of 1986 be the judgment dated 18-11-1988 directed the Respondent Housing Board to consider his case of promotion in the basis of the seniority and giving him opportunity of hearing.

(3.) Thereafter the Respondent Housing Board has rejected the case of the petitioner as the Managing Committee by its resolution dated 16-1-1988 has adopted the resolution that inter se seniority of an absorbed employer in the cadre will be counted from the date of his joining the Board on deputation and therefore according to the above resolution whatsoever may be the date of absorption of Sri Giri he will be senior to the petitioner as Sri Giri came on deputation to the Board on 1-7-1973 and the petitioner's date of appointment is 11-2-197S. So, the Respondent Board refused to revert Sri Giri.