Back
High Court Of Calcutta
Vinod Kumar Gupta, Sidheswar Narayan
BALARAM PODDAR - Appellant
Versus
BHASKAR CHANDRA MONDAL - Respondent
F. M. A. 1016 Of 1996
Decided On : 08/13/1998
WEST BENGAL SERVICES (DETERMINATION OF SENIORITY) RULES, 1981 - RULE 6 - GRADATION LIST OF ASSISTANT ENGINEERS (AGRI-MECHANICAL) - DETERMINATION OF SENIORITY BETWEEN PROMOTEES AND DIRECT RECRUITS - INTERPRETATION OF RULE 6 AND CLARIFICATION MEMO. NO. 4444-F DATED 13TH JUNE, 1981 - SENIORITY TO BE DETERMINED BY YEAR OF APPOINTMENT - PROMOTEES EN BLOC SENIOR TO DIRECT RECRUITS OF THE SAME YEAR - APPOINTMENT REFERS TO ACTUAL APPOINTMENT BY ORDER OF APPROPRIATE APPOINTING AUTHORITY - RETROSPECTIVE APPOINTMENT OF ONE DIRECT RECRUIT AE FROM EARLIER DATE DOES NOT AFFECT INTER SE SENIORITY OF DIRECT RECRUIT AES AND PROMOTEES.
Fact of the Case:
Dispute over the inter se seniority of Assistant Engineers (Agri-Mechanical) between promotees and direct recruits en bloc. The gradation list showed direct recruits senior to promotees, which was challenged by the promotees.
Finding of the Court:
Rule 6 of the West Bengal Services (Determination of Seniority) Rules, 1981, read with the Clarificatory Memo. No. 4444-F dated 12th June, 1981, provides that seniority is determined by the year of appointment and promotees are en bloc senior to direct recruits of the same year. The appointment of direct recruits should be relatable to the date of making the recommendation by the Public Service Commission. The appointment of one direct recruit AE from an earlier date does not affect the inter se seniority of direct recruit AEs and promotees.
Issues: 1. Whether the gradation list showing direct recruits senior to promotees was valid. 2. Whether the interpretation of Rule 6 and the Clarification Memo. by the court was correct.
Ratio Decidendi: 1. Rule 6 of the West Bengal Services (Determination of Seniority) Rules, 1981, read with the Clarificatory Memo. No. 4444-F dated 12th June, 1981, clearly provides that seniority is to be determined with respect to the year of appointment and that if the promotee AEs and the direct recruit AEs appointed in the same year, the promotee AEs shall be en bloc senior to the direct recruits. 2. The expression "year of appointment" as occurring in Rule 6 cannot be construed to mean year or the date of selection, or empanelment or so on. The year of appointment is per se and by itself means that year in which AEs actually come to be appointed, appointed by Order of the appropriate appointing authority. The expression "appointment" does not include either selection or empanelment or even the recommendation for appointment by the Public Service Commission.
Final Decision: The appeals were dismissed, and the judgment of the learned single Judge was upheld with all consequences.
( 1 ) THIS appeal under Clause 15 of the Letters Patent is directed against a judgment dated 8-11-90 passed by the learned Single Judge of this Court whereby the writ application filed by respondents 1 to 21 (minus 3 of them) was allowed setting aside the impugned gradation list of the Assistant Engineers (Agri-Mechanical) and with directions to the State-respondents to prepare such gradation list afresh in accordance with law and in the light of observations contained in the judgment of the learned single Judge.
( 2 ) BRIEF facts leading to the filing of the appeal are that the writ petitioners (Respondents in this appeal) were serving as Sub-Assistant Engineers, having been initially appointed on these posts by the Department of Agriculture, Government of West Bengal on different dates.
( 3 ) IN the Department of Agriculture (Minor Irrigation), Government of West Bengal there are two classes of Assistant Engineers (Agri-Mechanical)-one class comprising of the promotee Assistant Engineers ( from the lower class of Sub-Assistant Engineers) and the other being the direct recruit Assistant Engineers selected through the Public Service Commission.
( 4 ) THE dispute in this case revolves around the inter se seniority of the Assistant Engineers between these two classes en bloc. The seniority issue of these two separate classes of Assistant Engineers en bloc is governed by the West Bengal Services (Determination of Seniority) Rules, 1981. Rule 6 of 1981 Rules reads as under:" (I) the relative seniority between a promotee and a direct recruit shall be determined by the year of appointment or promotion of each in the post, cadre or grade irrespective of the date of joining. (ii) the promotees shall be en bloc senior to the direct recruits of the same year. "
( 5 ) THE Government of West Bengal, in the Finance Department Audit Branch issued a Clarification Memo. No. 4444-F dated 13th June, 1981 clarifying certain misunderstandings/confusions with regard to the true scope and meaning of aforesaid Rule 6 and held as under:"according to Rule-6 (ibid) the relative seniority between a promotee and a direct recruit is to be determined by the year of appointment or promotion of each in the post, cadre or grade irrespective of the date of joining. Obviously the date of joining is not the factor for determination of inter-se seniority between a direct recruit and a promotee. The relevant factor for determination of seniority is the year of promotion or appointment. It means that year in which in compliance with the promotion order or appointment order issued, the first of the batch either of promotees or of direct recruits join. Let us cite an example. Suppose in 1980 certain promotions were made by an Order issued in 1980, in November or December. The first of the batch might have joined in December 1980 and the rest doing the course in the following year, in this case the year of promotion is between 1980. But if the first of the batch joins in 1981, then the year of promotion will be 1981, although the Order for such appointment was issued in 1980. Similar principles should follow in the case of direct recruits also. "
( 6 ) IT is the admitted case of the parties that all the promotees-writ petitioners were appointed on 19-04-1982 and all the direct recruits Assistant Engineers were appointed on 26th April, 1982 or thereafter except in the case of Bikash Chandra Roy who had been working earlier on ad hoc basis and whose appointment as a direct recruit Assistant Engineer was made regular effective from 22nd September, 1981, to which we shall advert later.
( 7 ) ON 14-08-1985 a draft gradation list of Assistant Engineers (Agri-Mechanical) as on 1-1-85 was circulated by the Directorate of Agricultural Engineering, Government of West Bengal. In this draft gradation list, the direct recruit Assistant Engineers were shown senior en bloc to the promotee Assistant Engineers en bloc. The promotee Assistant Engineers objected to
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
