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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Ajit Kumar Gond – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. The petitioner has approached this Hon’ble Court invoking its extraordinary constitutional writ jurisdiction, seeking issuance of a writ in the nature of Mandamus commanding the respondents to set aside and/or quash the impugned order no. 201 dated 27.04.2018 passed by the Learned District Judge, Nadia, whereby the junior-most Grade-I Bench Clerk, Shri Asim Kumar Mallack, was promoted to the post of District Sheristadar, thereby superseding the legitimate claim of the petitioner, who stood senior in gradation and had an unblemished service record spanning over three decades.
2. The factual substratum of the case reveals that the petitioner, after undergoing a due process of selection, joined the establishment of the District Judge’s Court, Krishnanagar, as Lower Division Clerk (LDC) on 09.01.1984. By virtue of consistent diligence and merit, he ascended the hierarchical ladder—first as Upper Division Clerk (UDC) in 1989, then as Bench Clerk Grade-II, and subsequently as Bench Clerk Grade-I vide of
The main legal point established in the judgment is the application of the seniority-cum-merit criterion in promotion decisions, emphasizing the priority of seniority over merit, as per the Rules of ....
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
Recruitment to Higher Judicial Services (Cadre of District Judges) will be on the basis of principle of “merit-cum-seniority” and passing a suitability test – While applying principle of “merit-cum-s....
The principle of 'seniority-cum-merit' requires that promotions must prioritize seniority among candidates who meet a minimum merit standard, and any deviation from this principle renders the promoti....
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
The main legal point established in the judgment is the significance of the seniority-cum-merit principle in the promotion process, as prescribed in the 'Regional Rural Banks (Appointment and Promoti....
An employee on deputation retains their rights to promotion in their parent cadre, and such rights cannot be revoked based on a change in employment status if the promotion criteria have been met.
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