JUDGMENT :

Rajarshi Bharadwaj, J.

1. The instant writ petition has been preferred challenging the final gradation list of Assistant Engineers (civil) published by the Kolkata Municipal Corporation (hereinafter referred to as ‘KMC’) dated 5th July, 2021 wherein the petitioners were superseded by the promotees and directly recruited Assistant Engineers (civil) with effect from 6th July, 2018.

2. The facts in a nutshell are that the petitioners are Assistant Engineers (civil) (hereinafter referred to as “AE(C)”) of KMC herein respondent no.1 having promoted from the post of Sub-Assistant Engineers (civil) (hereinafter referred to as “SAE(C)”) under the 15% quota for graduates against the supernumerary post by an order dated 5th July, 2012, pursuant to the D.M.C (P) circular no. 19/IIIB/2012-13 dated 3rd July, 2012. The aforementioned circular established an avenue for advancement from the position of SAE(C) to AE(C) accessible to individuals possessing diplomas and degrees in engineering. This advancement requires 25 years of service for diploma holders and 13 years for degree holders, with the stipulation that in the latter scenario, a minimum of 05 years out of the 13 years of service