IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay W.P.A. 6663 of 2018 Ajit Kumar Gond -Vs-

The State of West Bengal & Ors.

For the Petitioner : Mr. Sanjib Bandyopadhyay For the State : Mr. Jahar Lal De, Ld. AGP Mr. Debarati Sen (Bose)

For the Respondent No.5 : Mr. Pinaki Ranjan Chakraborti Heard on : 10.07.2025 Judgment on : 24.10.2025 Ananya Bandyopadhyay, J.:-

1. The petitioner has approached this Hon’ble Court invoking its extraordinary constitutional writ jurisdiction, seeking issuance of a writ in the nature of Mandamus commanding the respondents to set aside and/or quash the impugned order no. 201 dated 27.04.2018 passed by the Learned District Judge, Nadia, whereby the junior-most Grade-I Bench Clerk, Shri Asim Kumar Mallack, was promoted to the post of District Sheristadar, thereby superseding the legitimate claim of the petitioner, who stood senior in gradation and had an unblemished service record spanning over three decades.

2. The factual substratum of the case reveals that the petitioner, after undergoing a due process of selection, joined the establishment of the District Judge’s Court, Krishnanagar, as Lower Division Clerk (LDC) on 09.01.1984. By virtue of consistent diligence and merit, he ascended the hierarchical ladder—first as Upper Division Clerk (UDC) in 1989, then as Bench Clerk Grade-II, and subsequently as Bench Clerk Grade-I vide office order no. 87 dated 18.06.2012. At the material time, the petitioner was serving under the disposal of the Learned Additional District Judge, 5th Court, Nadia, having been transferred to that post on 27.08.2015.

3. A Draft Gradation List published on 02.01.2016 by the Learned District Judge, Nadia, categorically reflected the petitioner as the second senior- most Grade-I Bench Clerk, next only to Shri Gairik Halder. The said Shri Halder, being the senior-most, was promoted to the post of District Sheristadar upon the retirement of his predecessor in the year 2017. Consequently, upon the retirement of Shri Halder on 31.07.2017, the petitioner became the senior-most Grade-I Bench Clerk, thereby fostering a legitimate expectation of promotion to the said post, consistent with the longstanding convention prevailing in the judgeship of Nadia.

4. The petitioner asserts that there existed a well-established administrative practice and convention that the post of District Sheristadar was invariably filled up on the principle of seniority from amongst the Grade-I Bench Clerks, in the absence of any statutory rule framed to the contrary. The petitioner’s expectation of promotion was thus founded upon not only seniority but also a reasonable belief in the uniform application of the settled practice of the establishment.

5. However, to the petitioner’s shock and dismay, the Learned District Judge, Nadia, vide office order no. 141 dated 02.04.2018, constituted a Selection Committee purportedly to judge the “suitability” of candidates for the post of District Sheristadar. Pursuant to memo no. 728(5)/II-10 dated 05.04.2018, all Grade-I Bench Clerks were directed to submit their willingness along with a prescribed proforma. The petitioner duly complied and submitted the same on 09.04.2018, confident that his seniority and record of service would be duly recognized.

6. Nevertheless, the petitioner’s hopes were dashed when, following an interview conducted on 26.04.2018, the impugned order no. 201 dated 27.04.2018 was issued, promoting the junior-most Grade-I Bench Clerk, Shri Asim Kumar Mallack, to the post of District Sheristadar. The said order, it appears, was premised on a resolution adopted by the Selection Committee on 17.04.2018, whereby certain “units” were arbitrarily allotted to candidates to assess their suitability. The criteria for awarding such units were neither disclosed nor communicated to the candidates, rendering the process opaque and violative of the fundamental principles of transparency and fairne