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2023 Supreme(Cal) 784

DEBANGSU BASAK, MD. SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Sri Goutam Sural – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Tapan Kr. Mukherjee, Mr. Pinaki Dhole, Mr. Avishek Prasad, Advocate
For the Respondent:Mr. Subir Sanyal, Mr. Suthirtha Das, Ms. Chandrani Bhattacharya, Advocate

JUDGMENT :

DEBANGSU BASAK, J.

1. The writ petition is directed against an order dated May 11, 2015 passed by the West Bengal Administrative Tribunal in O.A.1280 of 2013.

2. By the impugned order, the Tribunal, directed the authorities to grant the private respondent herein, notional seniority with reference to his junior in the merit list for the purpose of Career Advancement Scheme (CAS) benefit and promotion and also pay protection with reference to his junior.

3. The writ petition is at the behest of the State.

4. Learned Senior Advocate appearing for the State submits that, the writ petitioner initially participated in a selection process. He was found to cross the upper age limit. Consequently, his candidature was rejected. Subsequently, after litigation, by the judgment and order dated April 29, 2011 passed by the Hon’ble High Court in W.P.S.T.599 of 2009, the writ petitioner was directed to grant the private respondent employment forthwith. He submits that such judgment and order was complied with and appointment letter was issued on December 15, 2011 to the private respondent.

5. Learned Senior Advocate appearing for the writ petitioners submits that, the seniority of the private

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