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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR
JOYMALYA BAGCHI, GAURANG KANTH
Sofia Alex – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. Writ petitioners were appointed as Panchayat Secretaries (PSs) and have been working in such capacity since 1995. In view of the 73rd constitutional amendment and for better co-ordination in implementation of various schemes in the Panchayat area and other local bodies, the Departments of Panchayat and that of Rural Development of Andaman and Nicobar Administration were amalgamated.
2. At the time of amalgamation, a proposal was made to create promotional avenue for PSs to the post of Office Superintendent which is on par with Block Development Officers (BDOs)/Joint Block Development Officers and thereafter to the amalgamated cadre of Assistant Secretary. The proposal was not accepted primarily on the ground that the PSs had been appointed only between 1995 and 2001 and had hardly completed seven years while the staff of the feeder cadre who were eligible for promotion to Office Superintendent had completed 35 years and were still awaiting for promotion. Hence, the issue of amalgamating the cadre of PSs in the amalgamated cadre was not acted upon and Assured Career Progression Scheme (ACPs) by way of two financial upgradation upon completion of 12/24
The main legal point established in the judgment is the court's directive to consider representations and pass appropriate orders within a specified timeframe.
Promotion eligibility governed by current administrative rules; previous qualifications irrelevant after absorption into new regulations.
The court addressed promotional discrepancies and the limits of judicial intervention in administrative policy related to service rules.
The government has a duty to create promotional avenues in public service to avoid stagnation and discontentment among employees.
The Odisha Panchayat Executive Officers Service Rules, 2021 do not violate constitutional rights and do not create vested rights for prior promotional pathways of Grama Rozgar Sevaks, affirming the S....
Upgraded cadre via govt orders substitutes feeder post in recruitment rules; employer cannot deny regularization for failure to amend rules.
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