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IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA, AJAY KUMAR GUPTA
Kolkata Municipal Corporation – Appellant
Versus
Rihan Sanyal – Respondent
| Table of Content |
|---|
| 1. background facts of the case. (Para 1 , 2) |
| 2. court's observations on promotional appointments. (Para 3 , 4 , 5 , 6 , 7) |
| 3. arguments from kmc and respondents regarding promotions. (Para 9 , 10 , 11 , 12 , 14 , 15 , 16 , 17 , 18) |
| 4. analysis of statutory provisions on promotions. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 5. court's findings on merits and law regarding promotions. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62) |
| 6. conclusion and dismissal of appeals. (Para 63 , 64 , 65 , 66 , 67) |
JUDGMENT :
Ajay Kumar Gupta, J.
1. These three appeals have been taken up for hearing analogously and for disposal by a common judgment since they arise out of the same judgment and order dated 20-11-2024 passed by the Single Bench of this High Court in WPO 133 of 2021 with IA No. GA 1 of 2021 (Sri Rihan Sanyal and Ors. vs. State of West Bengal & Ors.).
FACTS OF THE CASE
2. The background facts leading to the present appeals and cross objection are as under: -
a. The writ petitioners belong to the General/Unreserved (UR) category and were serving as Executive Engineers (Civil) under the Kolkata Municipal Corp
Promotions to unreserved posts must be based solely on merit, and exceeding ceiling limits set by law is impermissible, reaffirming the catch-up rule's application for rightful seniority among candid....
Senior reserved category employees cannot be denied promotion to unreserved posts based solely on excess representation, contradicting applicable rules and constitutional provisions.
Employment and Service matter - Posts of Junior Engineer (Civil) - SC and ST category - Promotion/resignation/retirement/Selection - It is true that Rule 5(2) of Reservation Rules of 2005 provides th....
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