IN THE HIGH COURT AT CALCUTTA (CONSTITUTIONAL WRIT JURISDICTION)

APPELLATE SIDE Present:

The Hon’ble Justice Partha Sarathi Chatterjee WPA 2259 of 2024 Anup Purkayastha -Vs.-

Union of India & Ors.

For the Petitioner : Mr. Partha Sarathi Bhattacharya, Sr. Adv., Mr. Raju Bhattacharya.

For the Respondent Nos. 2 to 6 : Mr. Sukanta Chakraborty, Mr. Anindya Halder.

Heard on : 08.04.2025 Judgment on : 29.04.2025 ParthaSarathiChatterjee, J.:-

Prelude

1. The primary issue for determination in this writ petition is whether the respondents were justified in denying the petitioner a promotion on the ground that he obtained his postgraduate degree through distance education.

2. However, before delving into the contentious issue, it would be appropriate to first outline the key facts as revealed in the pleadings and the documents relied upon by the parties.

Petitioner’s case

3. The petitioner completed his B. Com from the University of Calcutta and subsequently pursued various certificate and diploma courses in Social Work (Labour Welfare) from different institutions. He later obtained a Master’s degree in Business Administration with a specialization in Human Resource Management from Pondicherry University through the distance education mode.

4. The petitioner joined Damodar Valley Corporation (in short, DVC) as a Management Trainee in 1989, and his appointment was regularized in 1990. He was subsequently promoted through the hierarchy of posts to the positions of Assistant Director of Personnel (ADP) in 1994, Deputy Director of Personnel (DDP) in 2000, and Joint Director of Personnel in 2001. On 26.04.2013, he was further promoted to the post of Additional Director of Personnel/Senior Manager (HR) in the M5 pay scale. At present, he is posted at DVC, Maithon Dam.

5. The promotional hierarchy from the post of Additional Director of Personnel/Senior Manager (HR) at DVC is as follows:

(a) Deputy General Manager (Administration) – Pay Scale M-6; (b)

General Manager (HR) – Pay Scale M-7; (c) Senior General Manager (HR) – Pay Scale M-8; and (d) Chief General Manager (HR) – Pay Scale M-9.

6. As per Regulation 14 of the applicable Service Regulations, promotion is to be based on merit, the relative suitability of the candidate for the particular post, and seniority. In the case of promotions to Class-I posts, such promotions are ordinarily to be made on the recommendation of the Departmental Promotion Committee (in short, DPC).

7. The gradation lists for the Human Resource Cadre, published on

06.03.2012 and 10.07.2015, reflect that the petitioner was placed at serial numbers 8 and 2, respectively, while Mr. Akhilesh Kumar, respondent no. 7 (an employee of DVC), was placed at serial numbers 32 and 14, respectively. Despite not holding a degree in Master of Business Management in Human Resource or Personnel Management and Industrial Relations, and instead possessing a Master of Arts in Labour and Social Welfare, Mr. Akhilesh Kumar was promoted to the post of Chief General Manager (HR) in the M-9 pay scale.

8. From paragraph 3.4 of the promotion policy adopted by the DVC under an Office Memorandum dated 12.01.16, essential qualification for promotion is as follows:

― it would be essential to clear an examination of Standard equivalent to Bachelor Degree in Engineering or AMIE, MBA Degree in HR or Masters Degree/Post Graduate Degree/Diploma (at least for 2 years full time) in Personnel Management and Industrial Relations and equivalent, passed final examination from the Institute of Chartered Accountants of India or Cost & Works Accountants of India or MBA Degree in Finance or Cost & Works Accountants of India or MBA Degree in Finance or PG Diploma/Degree (at least 2 years full time) in Finance from AICTE approved University/ Institution for promotion to the post of M-5 and above. Accordingly, Executives acquiring degree, as mentioned above, through other distance education will not be considered for promotion to the post of M-5 and above, except CA, ICWA and AMIE.

[Illu