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2024 Supreme(Cal) 1040
IN THE HIGH COURT AT CALCUTTA
RAJA BASU CHOWDHURY, J.
Subir Bhattacharjee – Appellant
Versus
State of West Bengal & Ors. – Respondents
WPA 924 of 2009
Decided on : 01-07-2024
Advocate Appeared:
For the Appellant : Mr. Mihir Kumar Das Mr. Sujit Bhattacharya
For the WBPDCL : Mr. Ranjay De Mr. Basabjit Banerjee Mr. A.A.Bose
IMPORTANT POINT
The Assured Promotion Scheme mandates that employees meeting specified criteria must be granted promotions, emphasizing continuous satisfactory service as a key factor.
Headnote:
Promotion - Employment - Assured Promotion Scheme - The court interpreted the provisions of the Assured Promotion Scheme, emphasizing the eligibility criteria for promotions and the importance of continuous satisfactory service, ultimately ruling in favor of the petitioner for notional promotion benefits.
Fact of the Case:
The petitioner, employed as a Stenographer, sought promotion to Senior Personal Assistant under the Assured Promotion Scheme after years of service, claiming wrongful denial of promotional benefits despite meeting eligibility criteria.
Finding of the Court:
The court found that the respondents unjustly denied the petitioner the benefits of the Assured Promotion Scheme, as he met the necessary conditions for promotion and should have been considered for the next higher post.
Issues: Whether the petitioner was entitled to promotion under the Assured Promotion Scheme and if the denial of such promotion was justified.
Ratio Decidendi: The court held that the Assured Promotion Scheme's provisions must be adhered to, and the petitioner was eligible for promotion based on his continuous satisfactory service, warranting notional promotion benefits.
Result: The petitioner is entitled to notional promotion benefits effective from 25th April 2004.
JUDGMENT :
Raja Basu Chowdhury, J.
1. The instant writ petition has been filed, inter alia, calling upon the respondents, especially the respondent no. 4 to take all possible steps for affording due promotion to the petitioner to the post of Senior Personal Assistant commensurate with the scale 17 and to award the third promotion under the Assured Promotion Scheme[Hereinafter referred to as APS].
2. The petitioner had initially joined the West Bengal State Electricity Board[Hereinafter referred to as WBSEB] on 3rd December 1980 on temporary basis in the post of Stenographer, Grade-II and at the relevant point of time was posted at Nadia. After completion of one year of service in the WBSEB, the service of the petitioner was confirmed on December 1981. According to the petitioner, after completion of five years of service with the WBSEB in the year 1985 in view of the Office order no. 3054 dated 3rd March 1980 and Office order no. 3143 dated 30th October 1980, he was elevated to the senior scale, i.e., from scale 7 to scale 8 with scale of pay of Rs.790-30-(19)-1060-32(5)-1220 vide office order dated 7th January, 1986.
3. Records reveal that while working with the WBSEB on the basis of the option exercised by the petitioner and subsequently in terms of circular dated 15th September 1988, the petitioner was offered the post of Stenographer Grade-II in West Bengal Power Development Corporation Ltd[Hereinafter referred to as WBPDCL], with continuity in service and all benefits admissible under the WBSEB in the scale of pay of Rs. 790-30-(19)-1060-32(5)-1220. The petitioner accepted the said appointment in WBPDCL subject to the above conditions. Following the aforesaid and in terms of revision of pay and allowances in short (ROPA) vide office order no. 4496 dated 31st March 1990 as applicable to the WBPDCL, the petitioner’s pay was revised from 790-30-(19)-1060-32(5)-1220 to Rs. 1200-35(8)-1480-40(8)-1800-45(5)-2025.
4. Still later, in terms of office order no. 185/91 dated 19th December 1991 benefit to the next higher scale of pay in certain contingencies embodied in Regulation 76 (I) & (II) of the West Bengal Power Development Corporation Limited Employees’ Service Regulations[Hereinafter referred to as the said Regulations] was given effect to, on the basis of the guidelines prescribed therein. In partial modification of the aforesaid office order no. 185/91 dated 19th December 1991 a Career Advancement Scheme was introduced vide Office order no. 23/95 dated 14th March 1995. In terms of the aforesaid scheme it was provided that the employees on movement to next higher basic scale under Career Advancement Scheme shall be given the designation of the next promotional post in relation to his original lower post with a prefix of “Additional”. It was further provided that employees placed to next higher scale with new designation prefixed with “Additional” shall, however, continue to perform the duties and responsibilities of lower post held by them immediately before movement to next higher scale and despite such movement to next higher scales with new designation, seniority of such employees shall be continued to be borne in the original lower post from which the movement is allowed and they will be eligible for consideration for regular promotion to the next higher post in relation to the lower post in terms of existing rules of the WBPDCL.
5. It was further, inter alia, provided that employees holding regular post in senior scale of Rs. 3450-125(14)-5200/-against serial number 9 of ROPA 1990, who are initially appointed in the 1st level class-I, shall come under the purview of the Career Advancement Scheme. In terms of the aforesaid and on the basis of office order no. 36 dated 31st January 1996 the petitioner was redesignated as Additional Senior Stenographer with effect from 11th December 1995. Subsequently, in terms of ROPA, which was made effective to the employees of WBPDCL vide Office order number 04/99 dated 14th January 1999, t
