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2007 Supreme(SC) 958

A.K.MATHUR, DALVEER BHANDARI
Asis Kumar Samanta – Appellant
Versus
State of West Bengal – Respondent


JUDGMENT:

A.K. MATHUR, J.

1. This appeal is directed against the order dated 24th March, 1999 passed by the Division Bench of Calcutta High Court in W.P.S.T. No. 33 of 1997 whereby the Division Bench dismissed the writ petition. This Writ Petition was filed against the order passed by the West Bengal State Administrative Tribunal in Case No. TA 1293/1996 on 21st April, 1997, wherein 11 petitioners (appellants herein) were recruited directly to State Forest Service in March, 1990. Respondent Nos. 4 to 19 to the original petition were promoted to the State Forest Service vide Notification No. 940 dated 1.2.1991. They were given retrospective seniority with effect from 31st December, 1990, According to Rule 6(2) of West Bengal Service (Determination of Service) Rules, 1981 (hereinafter to be referred to as the Rules), the promotee shall been bloc senior to the direct recruits of the same year. Consequently, the respondents 4 to 19 who were promoted in 1991 were given retrospective seniority w.e.f 31.12.1990. Therefore, as per Rule 6(2) of the Rules, those respondents 4 to 19 got the seniority over directly recruited candidates. That was challenged by the direct r







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