JUDGMENT:

RAJASEKHAR MANTHA, J.

The Court : -

1. Review is sought both by the Judgeship of the City Civil Court at Calcutta in RWWO/11/2024 and Sarmistha Bhattacharya and others (Group-B & C employees) of the Judgeship of the City Civil Court at Calcutta in RVWO/13/2024, of a portion of the judgement and order dated 6th February, 2024, passed in WPO/1786/2023, by this Court.

2. Review of the said order is sought to the extent that this Court has allowed actual promotion to the original writ petitioner/respondent to the post of Bench Clerk Grade-2 from Group D with immediate effect.

FACTS OF THE CASE

3. The facts of the case have otherwise been narrated in the order dated 6th February, 2024 and this Court is not inclined to reiterate them here except to the extent necessary.

4. The writ petitioner was appointed in Group-D post in the City Civil Court at Calcutta on May 19, 2009. His appointment came to be challenged by a section of employees who had filed WP 25442 (w) of 2010. The petitioner, as already recorded in the order dated August 11, 2023, ought to have been confirmed in his post within two years in terms of the applicable rules. He was not confirmed for the alleged pendency of the WP 25442 (w) of 2010.

5. In the said writ petition, there was no restraint order on the respondents from considering the writ petitioner’s confirmation. The writ petitioner’s confirmation was taken up in the year 2017 and effected from September 1, 2017. WP 25442(w) of 2010 was dismissed for default in the year 2018.

6. This Court by the order dated 6^th February 2024, directed the writ petitioner to be treated as having been confirmed from the year 2011, i.e. 2 years after his appointment, by reference to the Civil Courts Clerical and Inferior Services (Recruitment, Discipline and Appeal) Rules, 1941 and the West Bengal District Courts (Constitution of Service, Recruitment, Appointment, Probation and Discipline of Employees) Rules, 2015.

7. Prior thereto, the writ petitioner had filed WPO/489/2023, challenging the order of confirmation only WEF 1^st Sept 2017. The following prayers were made in WPO/489/2023:-

a) A Writ of/in the nature of Mandamus commanding the Respondents and each of them and/or their men, subordinate and/or authorities and/or any of them, more particularly the Respondent No.2 herein to withdraw and/or revoke and/or annul and/or rescind the order no.424 dated September 15, 2017 and thereby pass necessary order for confirming the post of the petitioner with effect from May 19, 2012 in accordance with government notification being memo no.6060-F dated June 25, 1979.

b) A writ of/in the nature of Mandamus commanding the Respondents and each of them and/or their men, subordinate and/or authorities and/or each and/or any of them, more particularly the Respondent No.1 to consider and give pending promotion and any other subsequent promotion to the writ petitioner in accordance with government notification being memo no.6060-F dated June 25, 1979, memo no.5916(62) dated August 05, 1981 and Memo No.5140-J dated July 20, 2009 in a time bound manner.

c) A Writ of/in the nature of Mandamus commanding the Respondents and each of them and/or their men, subordinate and/or their men, subordinate and/or authorities and/or each and/or any of them, more particularly the Respondent Nos.2 and 3 to furnish a report before this Hon’ble Court stating the reasons as to why the application dated February 27, 2023 filed under section 6(1) of the Right to Information Act, 2005 by the advocate on behalf of the petitioner was not replied to.

d) A Writ of/in the nature of Prohibition, prohibiting the Respondents and each of them and/or their men, subordinate and/or authorities and/or each and/or any of them, more particularly the Respondent Nos.1 and 2 not to give effect to and/or further effect to the order no.61 dated February 22, 2023 and order no.73 dated February27, 2023 for conducting written examination till the disposal of the instant writ petition.

e) Issue a