IMPORTANT POINT
The Board of Administrators cannot modify recruitment regulations as it exceeds its statutory authority, impacting employees' rights to promotion.

JUDGMENT :

(Rai Chattopadhyay, J.) :

1. Four writ petitions being (i) WPO No. 2626 of 2022 with GA 1 of 2023 (ii) WPO No. 2629 of 2022, (iii) WPO No. 2631 of 2022, (iv) WPO No. 2632 of 2022 with GA 1 of 2023, have been heard together. Those are being disposed of by dint of a common judgment, as follows.

2. The writ petitioners are working for gain with respondent no. 3, that is, Kolkata Municipal Corporation. The writ petitioners are posted as Sub- Assistant Engineers. Until now their services have been controlled and guided by the Recruitment Regulations of the respondent Corporation, being a Circular dated August 10, 2020. Their promotional post is that of an Assistant Engineer. The promotional policy as was prevalent so far is as follows:-

“by promotion from the posts borne in the common cadre for Sub Assistant Engineer (Civil/Mechanical/Electrical), 50% of the post of total Cadre strength of Assistant Engineer (Civil/Mechanical/Electrical) should be filled up by promotion from the post borne in the common cadre for Sub Assistant Engineer who would have at least 10 years experiences as Sub Assistant Engineer (Civil/Mechanical/Electrical) and

15% of the post of total cadre strength of Assistant Engineer (Civil/Mechanical/Electrical) shall be filled up by promotion from amongst the Sub Assistant Engineers (Civil/Mechanical/Electrical) having an Engineering Degree or equivalent from a recognized University; and having at least 10 years’ experience as Sub Assistant Engineer (Civil/Mechanical/Electrical) out of which a minimum of 5 years should be a degree (or equivalent) holder Sub Assistant Engineer (Civil/Mechanical/Electrical) in respective streams.

35% of the total cadre strength shall be filled up by direct recruitment observing necessary formalities.”

3. The writ petitioners have put forth their grievance that, in spite of vacancy having arisen, the process of promotion has not been initiated by the respondent No. 3/Corporation in due time, upon the vacancy being created. They say that in other areas and for other posts the authorities have duly conducted the process of promotion, so that the posts may be filled in time, but not in case of the writ petitioners. Such inaction on part of the respondent Corporation has been turned out to be a motivated one, for the reason as stated herein below. The writ petitioners say that to be an arbitrary as well as an illegal act, on the part of the respondent/Corporation, liable to be set aside.

4. In 2020, in the wake of pandemic due to spread of COVID-19 Virus, a general lockdown was experienced by the country, not to speak of the State and the respondent Corporation. This has prompted a notification to be published by the Government of West Bengal dated May 6, 2020. By dint of the same the “Board of Administrators” was appointed, for functioning of the respondent no. 3/Corporation, for the reason of inability to hold election of “Mayor-in-Council”, upon expiry of the statutory life of the previous “Mayor-in-Council”, due to pandemic and lockdown.

5. The “Board of Administrators” has introduced the impugned Circular dated July 22, 2022, by dint of which it had modified and changed the Recruitment Regulations pertaining to the writ petitioners as mentioned above.

6. The method of recruitment vide the said notification dated July 22, 2022, was directed to be

(i) By direct recruitment through West Bengal Municipal Service Commission -60% of the post of total cadre strength of Assistant Engineer in Civil/Mechanical/Electrical wing.

(ii) By promotion from the posts borne in the common cadre of Sub-Assistant Engineer (Civil/Mechanical/Electrical); -the remaining 40% posts of total cadre strength of Assistant Engineer in Civil/Mechanical/Electrical wing shall be filled up by way of promoting from amongst the Sub-Assistant Engineer in respective stream by selection through the West Bengal Municipal Service Commission, subject to fulfilment of the conditions stipulated therein.

7. Such change o