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2008 Supreme(Cal) 756

ASHIM KUMAR BANERJEE, TAPAS KUMAR GIRI
Dialani Alias Vijay Kumar Chellaram Dialani – Appellant
Versus
Lakshmi Kant Rajak – Respondent


Advocates Appeared:
For the Appearing Parties:D.N. Mishra, Anoop Bose, Deepak Aggarwal, R.K. Jaiswal, Saptangsu Basu, Satyaraj Banerji, Goutam Saha, Advocates.

Judgment :-

(1.) THE Inland Waterways Authority of India is a body under the Ministry of Shipping, Government of India. It was established on October 27, 1986. On August 26, 1992 the appellant authority framed seniority-cum-promotion/recruitment regulation being Inland waterways Authority of India (Recruitment, Seniority and Promotion)Regulation, 1992 (hereinafter referred to as the "said regulation of 1992"). Under the said regulation of 1992 the post of Assistant Director was to be filled up 50% by promotion and 50% by transfer on deputation failing which by direct recruitment. On January 19, 1995 the respondent No. 1 was appointed in the post of Technical Assistant as a direct recruit. Since he was a diploma engineer as per the regulation of 1992 so amended in 1993 he became entitled to be considered for promotion in the post of Assistant director after five years experience in the feeder post. Thus he was entitled to be considered for promotion on or after January 19, 2000. Respondent no. 1 was a schedule caste candidate and was entitled to have special benefit as per the reservation policy of the Government. As per the roster the first post of the Assistant Director was to be f













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