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2025 Supreme(Cal) 481
IN THE HIGH COURT AT CALCUTTA
ARINDAM MUKHEREJEE, J.
Swagata Bose - Appellant
Vs.
The State Of West Bengal & Ors. - Respondent
WPA 13120 of 2019
Decided On : 02-07-2025
Advocate Appeared:
For the Appellant : Mr. Swagata Bose
For the State : Manas Kundu, Mr. Nizanur Rahaman Adv.
For the DPL : Mr. Sujit Sankar Koley Adv.
Misapplication of promotion timelines under the Career Progression Scheme resulted in the petitioner being wrongfully denied promotion, leading to entitlement for retroactive recognition and notional benefits.
Headnote:(A) Career Progression Scheme (CPS) - Clauses B(d) and C(14) - Promotion entitlements of management trainee in Durgapur Projects Limited - Court found that petitioner was entitled to promotion as Senior Manager (IT Cell) effective from 25th June, 2015, after considering the correct period of service required for promotion under CPS - Respondent's misapplication of Clause B(d) led to wrongful promotion delay - Notional benefits granted from 26th June 2015 until actual promotion - Respondent prohibited from taking coercive actions against the petitioner. (Paras E, H, J)
Facts of the case:
The petitioner was appointed as a management trainee in DPL, later promoted to Assistant Manager and then to Manager. He argued against the miscalculation of promotion timelines under CPS. The respondent maintained the petitioner was a Class I officer entitled to different promotion timing mechanisms than claimed.
Findings of Court:
The court determined the petitioner’s correct promotional timelines should be based on his service starting from his first promotion as Manager on 25th June, 2007, leading to entitlement for subsequent promotion from 25th June, 2015.
Issues: The main issues revolved around the correct calculation of promotional timelines under the CPS framework based on the petitioner's entry point and classification.
Ratio Decidendi: The court established that the petitioner had been misclassified regarding promotion timelines and clarified the provisions of CPS allowing for proper consideration of entitled promotional rights based on actual service duration, dispensing with the erroneous application of Clause B(d).
Result: Petitioner entitled to be recognized for promotion from 25th June, 2015, with notional benefits until actual promotion granted.
| Table of Content |
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| 1. petitioner's employment and promotion history. (Para 1 , 2 , 3 , 4) |
JUDGMENT :
ARINDAM MUKHEREJEE, J.
Petitioner’s Case:-
1) Pursuant to an advertisement issued by Durgapur Projects Limited (in short ‘DPL’), the petitioner applied for being appointed as a Management Trainee (Computer Science) in DPL. On being successful, the petitioner was appointed as a management trainee vide an appointment letter dated 18th December, 2001 (annexure P-1 at page 45 A of the writ petition). On satisfactory completion of the training period as a management trainee, the petitioner was appointed to the post of Assistant Engineer (System) in the accounts department of DPL on a basic pay of Rs.8,000/- per month in the scale of Rs.8,000 – 13,500/- plus other admissible allowances with effect from 27th December, 2002. The appointment letter was issued on 2nd January, 2003 (annexure P-2 at page-46 of the writ petition). The post was subsequently re- designated as Assistant Manager (System) The petitioner was promoted to the post of Manager (System) on 25th June, 2007 (the Offer Letter is on annexure P-3 at page 47 of the writ petition).
2) The writ petitioner says that at the time of his joining, there was two promotional avenues which were functioning in parallel, on being the normal panel promotion and the other being Assured Promotion Scheme (APS) introduced in 2001 at DPL. A new promotional policy under the name and style Career Progression Scheme (CPS) was introduced in DPL on 27th July, 2010 with retrospective effect from 1st April, 2009 by replacing APS. The CPS is annexed at pages 66-72 of the writ petition. According to the petitioner under Clause B(d) of the CPS (at page 68 of the writ petition), the petitioner having received a promotion prior to the CPS coming into the effect is deemed to have got the first promotion as per DPL and was entitled to move the next promotional post on completion of continuous and satisfactory service of 16 years reckoned from the first entry in DPL’s regular service. As the petitioner as he had 3 years of continuous and satisfactory service in the post of Assistant Manager (System) the 16 years period was calculated by DPL from the first promotion under CPS. The 16 years period was calculated from 27th December, 2002 and as such was givens promotion to the next post with effect from 27th December, 2018 ignoring the provisions contained in Clause 14 of CPS at page 70 of the writ petition. The petitioner says that he had joined as Assistant Engineer (System) and was promoted to the post of Assistant Manager (System) with effect from 25th June, 2007. Having continuous and satisfactory service in the post of Manager (System), the petitioner became entitled to a promotion on completion of 8 years in the said post as per clause 14. The petitioner, therefor, became entitled to promotion on expiry of 8 years from 25th June, 2007. The petitioner, however, was not given such promotion after 8 years from 25th June, 2007 but was promoted as Senior Manager (IT Cell) with effect from 27th December, 2018 by following clause B(d) which is not applicable to the petitioner. According to the petitioner, the DPL applied the wrong promotional method by giving him promotion on completion of 16 years from the entry into the DPL’s regular service with effect from 27th December, 2018 instead of 27th June, 2015.
3) The petitioner then by referring to Clause C (14) of the CPS also contends that the petitioner is entitled to relaxation of Clause B (d) as he fulfils all other conditions for such relaxation. The petitioner says that under Clause C (14), the petitioner received the first promotion “by any other procedure other than APS” (on being promoted from the Assistant Engineer (System) to Manager (System) under general promotional policy. The petitioner had 3 years experience in the promotional post when CPS was introduced as such is entitled to the second promotion i.e. Senior Manager (IT Cell) on completion of 8 years
