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2024 Supreme(Cal) 1654

IN THE HIGH COURT AT CALCUTTA
RAJASEKHAR MANTHA
Learned Registrar City Civil Court Calcutta – Appellant
Versus
Amar Guha Roy – Respondent


Advocates Appeared:
For the Petitioner: Mr. Siddhartha Banerjee, Adv. Mr. Vivekananda Bose, Adv. Mr. Rahul Kumar Singh, Adv. Mr. Soumyajit Majumder, Adv. Mr. Ratikanta Pal, Adv.
For the Respondent: Mr. Amitesh Banerjee, Sr. Adv. Mr. Debangshu Dinda, Adv., Ms. T. Samanta, Adv., Mr. Debnath Ganguly, Adv. Mr. Aranya Saha, Adv. Mr. Supriyo Dutta, Adv.

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

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