Judgment

PATTANAIK, J.

( 1 ) NEVER ending dispute of inter se seniority between the direct recruits and the promotees in a cadre has cropped up in this appeal, arising out of the judgment of the Division Bench of Calcutta High Court. The cadre in which the inter se seniority is required to be determined is the cadre of Employment Officer in the Directorate of National Employment Service in the State of West Bengal. The Governor of West Bengal has framed a set of Rules in exercise of power conferred under proviso to Art. 309 of the Constitution providing the method of recruitment and the qualification required for the Gazetted post in the Directorate of National Employment Services (hereinafter referred to as the recruitment Rules ). Under the Rules the cadre of Employment Officer could be filled up by direct recruitment on the results of West Bengal Civil Services (Executive and Allied Services) Examination for Group A as well as by promotion. For the promotion, the feeder category is the Junior Employment Officer, Superintendent and U. D. Clerk of the Directorate of NES, West Bengal, Supdt. and U. D. Clerks of Regional Employment Exchanges and U. D. Clerks of the Sub-Regional and D