[Per : Hon’ble Barin Ghosh, C.J. (Oral)]

In order to be promoted to the post of Chief Engineer, Level-I, one is required to be a substantively appointed Chief Engineer, Level-II, and the candidate concerned should have worked in the Department for 27 years. It is not the requirement of the Statuary Rules that the person having so been appointed as Chief Engineer, Level-II is required to serve as such for

any length of time. The fact remains that on 11 th February 2011, the Departmental Promotion Committee considered the case of promotion of the petitioner to the post of Chief Engineer, Level-II. The Rules provide that the post of Chief Engineer, Level-II as well as of Chief Engineer, Level-I shall be supplied only by promotion. The criteria for promotion as has been prescribed by the Rules is merit.

2. On 11th February 2011, the Departmental Promotion Committee considered the merit of the petitioner for being promoted to the post of Chief Engineer, Level-II. It was satisfied with such merit, and accordingly, made a recommendation for promoting the petitioner to the post of Chief Engineer, Level-II. On the same date, the Departmental Promotion Committee considered the cas