The eligibility criteria for promotion, as specified in the Recruitment Rules framed under Article 309 of the Constitution, prevail over general guidelines for promotion issued by the Finance Department.

SYAMAL KANTI CHAKRABARTI, J.

The present application is directed to assail the order dated 18.02.2009 passed by the West Bengal Administrative Tribunal in O. A. No. 3377 of 2007 whereby and wehreunder the Learned Tribunal has been pleased to struck down the recommendation of the Public Service Commission for promotion to the post of Joint Block Development Officers containing memo no. III/T27 PSC/1 P-95/04 dated 17.04.2007 so far as it relates to the feeder post being Inspector Progress and Evaluation under Panchayat and Rural Development Department is concerned.

2. The petitioners contend that they are all working as Joint Block Development Officers on promotion from the feeder cadre of Inspector Progress and Evaluation on the basis of recommendation of the State Public Service Commission and now joined their promotional post in terms of order of the Panchayat and Rural Development Department being notification no. 5132-RD(JT BDO)/IB-2/2004 dated 12.07.2007. It is their further submission that the promotion to the post of Jt. BDO is conducted and regulated by relevant recruitment rules containing the notification dated 23.02.1983 through Public Service Commission from out of the candidates recommended from 5 feeder posts namely, a) Extension Officer of Panchayat; b) Extension Officer Social Education (redesignated as ‘Extension Officer mass Education’); c) instructor of Gram Sevak Training Centre under Agricultural Department; d) Accountant cum Head Clerk in the office of BDO under Panchayat and Community Development Department and e) Inspector Progress and Evaluation (I.P.E.) under Panchayat and Rural Development Department. The eligibility criteria for such selection as prescribed in the said notification dated 23.02.1983 provide that 60 per cent of such appointment on promotion will be made from the aforesaid 5 feeder posts and 40 per cent by direct recruitment and that the minimum service from the feeder post on first day of the year of recruitment was prescribed as 6 years of service and selection shall be made on the basis of an interview and having certificate about the integrity of the candidate concerned and such interview shall be conducted by the Public Service Commission. In the instant case all the aforesaid departments supplied the names of all eligible candidates who fulfil the above criteria. According to them seniority in the respective feeder cadre have no manner of application in the matter of such promotion excepting in case where the candidates have got some marks in the selection test where inter se seniority will be treated as a criterion to place them in order of merit in the select list for promotion to the post of Jt. BDO But the Learned Tribunal has come to a finding that without gradation list being prepared by the respective feeder posts, promotion cannot be regulated and seniority is to be taken into account for the purpose of such promotion and hence the selection so far as I.P.E. is concerned made by the Public Service Commission was set aside without affecting the selection of 4 other cadres whose selection also suffered from same infirmity on the ground that such other cadres did not appear before the Learned Tribunal seeking any such redress. It is their further submission that seniority in the feeder cadre has no role to play for such promotion excepting the eligibility criteria which was fixed as 6 years service in the feeder post. At the time of forwarding the names of eligible candidates from the feeder post by the 5 departments the date of joining in the present post, date of entry in the government service etc. were all forwarded to the Public Service Commission and as per settled law those could be taken into consideration when identical marks were awarded to several candidates while their date of joining in the feeder post is to be taken into account. The Public Service Commission has made their recommendation strictly on the basis of merit of the candidates of 5 feeder post