S/L 07

10.02.2026 Court No.04 B.K.N W.P.S.T. 136 of 2022 The State of West Bengal & Ors.

Vs.

Meer Md. Yasin & Ors.

Mr. Suman Sengupta, Ms. Amrita Panja Moulick … for the Petitioners.

Mr. M. N. Roy, Mr. B. Nandy … for the Respondent No. 1. Mr. Sukanta Chakraborty, Mr. Anindya Halder … for the Public Service Commission.

1. Heard the learned advocate for the petitioner State, who was the respondent before the West Bengal Administrative Tribunal (Tribunal for short).

2. O.A. No. 232 of 2019 was filed by the applicant, respondent no. 1 in the present proceeding. The substance of the grievance was that in contemplation of a disciplinary proceeding he was deprived of promotional benefit to the post of Chief Probation-cum-After Care Officer, West Bengal. The Government sent recommendation for the promotion along with a seniority list wherein the applicant was at serial no. 1. The Commission after due consideration of the recommendation gave its consultation/recommendation in favour of the person at serial no 2 in the seniority list, below the applicant. The promotion was thereafter granted to the petitioner’s junior by the State Government by its notification dated 13.03.2019. The petitioner, therefore, prayed for following relief before the Tribunal:

“8. RELIEFS SOUGHT FOR:

Your applicants, in the aforesaid circumstances, seek for the following reliefs:

(a) An order do issue directing the concerned respondent authorities to forthwith grant retrospective promotion to your applicant to the post of Chief Probation-cum-After Care Officer, West Bengal with effect from 13.03.2019 under the respondent authorities and cancel/set-aside/quash the promotional order of the respondent no. 4 vide notification no. 3098-DCA/O/4M-11/11 Pt.-I dated

13.03.2019.

(b) An order do issue directing the respondent authorities to issue Promotional Order to the post of Chief Probation-cum-After Care Officer, West Bengal retrospectively from 13.03.2019 when the respondent authorities granted promotion to the respondent no.4 and re-fix the pay and seniority of your applicant vis-a-vis the respondent no. 4.

(c) An order do issue directing the respondent authorities to produce all records relating to the instant case so that conscionable justice can be delivered.

(d) Any other appropriate order/orders direction/

directions as this Hon’ble Tribunal may deem fit and proper to protect the right of the applicant and in the ends of justice.”

3. The Tribunal allowed the petitioner’s prayer since it found that as on the date the promotion process was initiated, till issuance of the promotion order on 13.03.2019, a proceeding against the petitioner was only contemplated. Since there was no charge memo served on the petitioner, the proceedings had not commenced and, therefore, there was no reason to withhold the petitioner’s promotional benefits in contemplation of a departmental proceeding. The Tribunal, therefore, directed the Principal Secretary to the Government of West Bengal in the Department of Correctional Administration, Kolkata to issue the promotion order promoting the applicant to the post of Chief Probation- cum-After Care Officer, West Bengal retrospectively with effect from 13.03.2019 being the date on which the promotion was granted to the respondent no. 4.

4. The petitioner was not extended the benefits in compliance of the Tribunal’s order. The petitioner thereafter crossed the age of superannuation on 29.02.2024. As of today compliance of the Tribunal’s order does not entail the petitioner occupying the post in question. At best today the petitioner can get the benefits of the post with effect of the date as directed by the Tribunal.

5. The learned advocate for the writ petitioner submits that the authorities had recommended the petitioner along with the respondent no. 4. The Commission, however, recommended the petitioner’s junior for promotion.

6. We are unable to appreciate how such a submission can be made to find fault with the order of the Tribunal. It is not the ca