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1991 Supreme(Cal) 166

A.M.Bhattacharjee, A.N.Ray
WBSEB Engr Asson – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
Bhaskar Gupta, N.N. Gooptu, P.K. Dutt, P.K. Guha, P.K. Ray, S.P. Sarkar, Somnath Ray, T.K. Ray

JUDGMENT

1. WE are in complete agreement, with respect, with our learned brother Justice Paritosh Mukherjee who disposed of the writ. The appeal must fail.

2. THE appellant writ petitioner is an, Association of Engineer Employees of the West Bengal State Electricity Board. They complain that forty-nine members of theirs have been wrongly superseded during grant of promotion. The promoted engineers (employees) are also members of the Association, and, before us, they are the ninth to the eighteenth respondents.

The regulation framed under section 79 of the Indian Electricity (Supply)Act, 1948, governing promotion, is as follows : -

"14 (4). In the case of promotion the appropriate Selection committee shall consider the claims of all candidates eligible for promotion and examine their service records. It may also hold an examination and/or interview of the candidates. Thereafter it will advise the appointing authority as to the candidates deserving promotion".

3. THIS was introduced in 1965, the earlier provision being as follows : -

"4. In the case of promotion, the Committee concerned will consider the claim of all candidates eligible for promotion, examine their service records and h








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