IMPORTANT POINT
Approval to an act or decision can also be subsequent to the act or decision.

JUDGMENT

A. K. Patnaik, J. —

This is an appeal against the judgment and order dated 08.08.2002 of the Division Bench of the High Court of Calcutta in MAT No.2604 of 2001 and CAN No.1624 of 2001 filed by some members of the non-teaching staff of the University of Burdwan [For short ‘the University’].

2. The facts very briefly are that promotions to different grades of non-teaching staff of the Burdwan University were being done on the basis of seniority. On 26.06.1995, the Executive Council of the University considered the principle of promotion as enunciated in the Government Order dated 17.10.1985 and resolved that criteria of ‘Seniority-cum- Efficiency’ as enunciated in the aforesaid Government Order dated 17.10.1985 will be followed for promotion to different grades of non-teaching staff of the University. The Executive Council of the University in its meeting on 26.06.1995 also resolved the manner in which the efficiency of a candidate for promotion will be considered along with seniority for promotions to different grades. For the first promotion, efficiency of the employee was to be determined on the basis of recording in his personal file and the report received from the Controlling Officer of the candidate; for the second promotion, 50% weightage will be given to efficiency, out of which 25% would be allotted for work performance and 25% would be allotted to a written test for ascertaining the subject competence of the candidate and for the third promotion, the efficiency was to be determined on the basis of recording in the personal file and the report of the Controlling Officer. The Resolution of the Executive Council of the University taken in its meeting on 26.06.1995 was to be implemented with immediate effect.

3. Aggrieved by the Resolution of the Executive Council of the University, some of the appellants filed the Writ Petition being C.O. No.17139 (W) of 1995 and a learned Single Judge of the High Court of Calcutta allowed the writ petition in part and set aside the Resolution of the Executive Council of the University taken on 26.06.1995 and directed the University to re-frame its guidelines for promotion strictly in accordance with the Government Order dated 17.10.1985 in the light of the observations made in the judgment and to give promotion to the candidates on the basis of the Government Order dated 17.10.1985 after re-framing the guidelines.

4. The University challenged the judgment of the learned Single Judge before the Division Bench of the High Court of Calcutta and the Division Bench held in the impugned judgment and order that under Section 21 (xiii) of the Burdwan University Act, 1981 the Executive Council of the University was empowered to determine, with the approval of the State Government, the terms and conditions of service of non-teaching staff of Colleges other than Government Colleges, but no approval of the State Government had been taken to the Resolution of the Executive Council of the University adopted in its meeting held on 26.06.1995. By the impugned judgment and order, the Division Bench of the High Court of Calcutta directed the University to send the proposal in the Resolution of the Executive Council of the University adopted on 26.06.1995 to the State Government for its approval and further directed that in case the State Government approves the proposal, the University will undertake the exercise of promotion of their staff. Pursuant to the impugned judgment and order of the Division Bench, the proposal was sent to the State Government and the State Government by its order dated 10.10.2002 has approved the Resolution of the Executive Council of the University adopted on 26.06.1995.

5. The contention raised before us by the learned counsel for the appellants was that the Resolution of the Executive Council of the University adopted on 26.06.1995 will be effective only from 10.10.2002 when the State Government approved the Resolution and will not apply to any promotions made pr