IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION AN APPEAL FROM JUDGMENT AND ORDER PASSED IN ITS CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE APO/116/ 2024 With WPO/2626/2022 THE KOLKATA MUNICIPAL CORPORATION AND ORS.

Versus DEBABRATA BERA AND ORS.

APO/117/2024 With WPO/2629/2022 THE KOLKATA MUNICIPAL CORPORATION AND ORS.

Versus SANJIB CHAKRABORTY AND ORS.

APO/118/ 2024 With WPO/2632/2022 THE KOLKATA MUNICIPAL CORPORATION AND ORS.

Versus PRATTAY BANIK AND ORS.

APO/119/ 2024 With WPO/2631/2022 THE KOLKATA MUNICIPAL CORPORATION AND ORS.

Versus DIPAK KUMAR MISTRY AND ORS.

Present :

The Hon’ble Justice Debangsu Basak -And-

The Hon’ble Justice Md. Shabbar Rashidi For the Appellant : Mr. Kalyan Bandopadhyay, Sr. Adv.

: Mr. Sirsanya Bandopadhyay, Adv.

: Mr. Arka Kumar Nag, Adv.

: Mr. Swapan Kumar Debnath, Adv.

For the Respondent : Mr. Bikash Ranjan Bhattacharyya, Sr. Adv.

: Mr. Raghunath Chakraborty, Adv.

For the State : Mr. Jayanta Samanta, Adv.

: Mr. Soumen Chatterjee, Adv.

HEARD ON : 03.12.2024, 30.01.2025 & 27.02.2025 DELIVERED ON : 27.02.2025 DEBANGSU BASAK, J.:-

1. Four appeals are taken up for analogous hearing as all of them emanate out of the impugned judgment and order dated May 10, 2024 passed in four writ petitions being WPO/2626/2022, WPO/2629/2022, WPO/2631/2022 and WPO/2632/2022.

2. By the impugned judgment and order learned Single Judge set aside a circular dated July 22, 2022 issued by the Kolkata Municipal Corporation (KMC) authorities. Learned single judge directed the appellant to initiate a process for filling up the vacant posts of Assistant Engineers by giving promotion to the eligible departmental candidates in accordance with the rules which was prevailed prior to coming into force of the circular dated July 22, 2022, if it thinks it so fit and proper.

3. Learned senior advocate appearing for the appellants draws the attention of the Court to the prayers made in the writ petition. He submits that, events occurring subsequent to the impugned judgment and order render prayers (b) and (c) and consequential reliefs sought for in the writ petition, infructuous. He submits that, in fact, the entirety of the writ petition is rendered infructuous. However, even if one is to assume that the prayer (a) of the writ petition survive after the subsequent events, then also, he submits that, the writ petitioners are entitled to a consideration for promotion to the higher post in accordance with the rules governing such promotion as on the date of consideration of the promotion.

4. Learned senior advocate appearing for the appellant submits that, subsequent to the impugned judgment and order, KMC authorities thought it prudent to visit the issue of the regulations governing the grant of promotion. The appellants reworked the regulations for grant of promotion to the post of Assistant Engineering working in KMC, and the same fructified in the notification dated February 10, 2025 issued in exercise of powers conferred under Section 20 read with Sections 602 and 604 of the Kolkata Municipal Corporation Act, 1980. He draws the attention of the Court to the notification dated February 10, 2025 as also to the grant of approval by the State Government to the decision taken by the Mayor in Council of KMC with regard to such regulation governing the promotion to the post of Assistant Engineer. He submits that, the Sub-Assistant Engineers who aspire to be promoted to the post of Assistant Engineer, working in KMC, are now governed by the notification dated February 10, 2025. All Sub-Assistant Engineers eligible to be promoted to the post of Assistant Engineer working in KMC will be considered for such promotion, in accordance with the notification dated February 10, 2025.

5. Learned senior advocate appearing for the appellant submits that, the issue as to whether the administrator-in-charge of the administration of KMC, could issue the notification dated July 22, 2022 is no longer open to discussion in view of the pronouncement of the Division