Kutubuddin Laskar (WPST) - Petition - 035614

DISTRICT: KOLKATA
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
(APPELLATE SIDE)
W.P.S.T. NO. of 2023
In the matter of:
An Application under Article 226
of the Constitution of India.
-AND -
In the matter of:
1. Kutub Uddin Laskar, aged

about 52 years, son of Late Idrish
Ali Laskar of Galaxy Apartment,
828, North East Fartabad, Garia,
Kolkata – 700084.
2. Arnab Roy, aged about 40

years, son of Late Dipak Kr.Roy
of Residence – Sech Abasan, 1D7,
FF Block, Salt Lake City, Kolkata
– 700106.
2
3. Kaushik Sarkar, aged

about 40 years, son of Kartik Ch.
Sarkar of Shiv Shakti Kalibari
Road, Sukanta Pally, P.S. N.J.P.
P.O. Siliguri Bazar, District
Jalpaiguri, Pin – 734005.
4. Mithun Ganguly, aged

about 42 years, son of Late
Tushar Kanti Ganguly of
Abhinandan Apartment,
Dinabandhu Mitra Sarani, Hati
More, Subhash Pally, Siliguri,
District – Darjeeling, Pin –
734001.
5. Ashim Barai, aged about

42 years, son of Late Adhir Barai
of Qtr No.E-2/8, Near Football
Ground, Teesta Pally, Tinbatti
More, Siliguri-05.
6. Sudipta Mukherjee, aged

Prabal Kr. Mukherjee of
Dangapara, Pandappara, Kali
Bari, Kotwali, District –
3
7. Sukhen Bandyopadhyay,
aged about 51 years, son of Late
Nabin Ch. Bandyopadhyay of
Village & P.O. Barabagan,
District – Birbhum, Pin – 735132.
8. Shib Kinkar Mondal, aged

Narayan Ch. Mondal of Suri,
Rabindra Pally, District –
Birbhum, Pin – 731101.
9. Malay Ghosh, aged about

45 years, son of Late Kartick Ch.
Ghosh of Anandapur, Suri,
10. Roshiuddin Saikh, aged

about 41 years, son of Late Piru
Mohammad of Ward No.06,
Nazrul Pally, Nalhati, District –
11. Sisir Kumar Mandal, aged

about 43 years, son of
Gobardhan Mandal of
Sridamsole, Ambikanagar,
Ranibandh, District – Bankura,
Pin – 722135.
4
12. Manab Ghoshal, son of

Late Mahitosh Ghosal, aged
about 37 years of Kamarkuli,
Chhatna, District – Bankura, Pin
– 722132.
13. Md. Ahmed Ali, aged about

33 years, son of Md. Ambar Ali of
Baruipur, Sajahan Road, Ward
No.3, South 24 Parganas, Kolkata
– 700144.
14. Avishek Satpathi, aged

Tapan Kanti Satpathi of Village –
Raipur, P.O. Garh Raipur, P.S.
Raipur, District – Bankura, Pin –
722134.
15. Shovan Kr. Paul, aged

about 45 years, son of Late Dilip
Kumar Paul of Baranilpur,
Nutanpara, Sripally, Purba
Bardhaman, Pin – 713103.
16. Sourav Mahato, aged

Sadhu Charan Mahato of
Kangsabati Colony, Khatra,
District – Bankura, Pin – 722140.
5
17. Lipika Kar (Guha), aged

about 51 years, daughter of Late
Dipak Ranjan Guha of Royel
Tower, 35/A, Jogendra Basak
Road, Baranagar, Kolkata –
700036.
18. Biswajit Dey, aged about

47 years, son of Late Sudhir Kr.
Dey of Flat No.D-29/7, Baisakhi
Abasan, Block – AG, Sector 02,
Salt Lake, Kolkata – 700091.
19. Md. Amin Miah, aged about

30 years, son of Late Abdul
Khaleque Miah of Village & P.O.
Dudher Kuthi, Dewan bosh,
District – Cooch Behar, Pin –
736170.
20. Ratan Sarkar, aged about

51 years, son of Rasharaj Sarkar
of 94/8, Rabindra Pally, P.O. &
P.S. New Barrackpore, Kolkata –
700131.
21. Krishna Mondal, aged

about 52 years, son of Late Tilok
Bhusan Mondal of 208/6, Raja
Rammohan Roy Road, Netaji
Sarak, Kolkata – 700008.
6
22. Rajendra Das, aged about

42 years, son of Late Bimal Ch.
Das of Madhya Santinagar,
Karunamoyee Kalibari Road,
Dabgram 2, P.S. Bhaktinagar,
District–Jalpaiguri, Pin – 734004.
23. Subhrajit Dey, aged about

43 years, son of Late Kanak
Ranjan Dey of Netaji Pally, P.O.
Rabindra Sarani, Siliguri, District
– Darjeeling, Pin – 734006.
24. Ananya Roy, aged about 40

years, daugher of Late Benoy Roy
of 17, Hakimpara Nazrul Sarani,
(Pakurtalamore), Siliguri –
734001.
25. Sourav Singha, aged about

31 years, son of Late Sankar
Prosad Singha of Uttar Mouri
Khatir Sardar Para near Pragati
Sangha Club, Andul – Mouri,
Domjur, Howrah – 711302.
26. Dipu Saha, aged about 41

years, son of Late Jahar Lal Saha
of Tinbati More, Govt. Qrt. No. E-
6/8, Siliguri – 734005.
7
27. Sima Bhujel, aged about 41

years, daughter of Ran Bahadur
Bhujel of Shastri Nagar Zilla
Parishad Road, Ward No.41, P.O.
Sevoke Road, District –
28. Abhishek Nag, aged about

42 years, son of Late Bisweswar
Nag of Rahul Apartment,
Deshbandhu Para, Siliguri,
Darjeeling, Pin – 734101.
29. Arindam Majumdar, aged

about 51 years, son of Kanti
Ranjan Majumdar of 5/C, Kulti
Govt. Colony (Uttar Debipur), B.
Gobindapur, Bhangar, South 24
Parganas, Pin – 743502.
30. Tarun Chakraborty, aged

about 52 years, son of Ajit
Chakraborty of 131, C.R. Das
Avenue, A- Zone, Durgapur,
Paschim Bardhaman, Pin –
713204.
31. Rupak Chakraborty,

aged about 34 years, son of Late
Subhas Chakraborty of
Oodlabari Township,
8
Manabari, District – Jalpaiguri,

Pin – 735222.
32. Kakoly Sarkar, aged

about 45 years, daughter of
Tapan Kr. Bose of 71/2, ‘A’ Road,
Anandapuri Barrackpore,
Nonachandanpukur, North 24
Parganas, Pin – 700122.
…. Petitioners
-Versus-
1. The State of West Bengal,
through the Secretary,
Department of Irrigation and
Waterways Directorate, having
office at Jalasampad Bhawam, 3 rd
Floor, Western Block, Salt Lake
City, Kolkata – 700091.
2. The Principal Secretary,

Finance Department, 325, Sarat
Chatterjee Road, P.O. Mandirtala,
District – Howrah, Pin – 711102.
3. Chief Engineer (South), Chief

Engineer (D&R) and Director of
Personnel and Ex-Officio Chief
Engineer, Jalasampad Bhawam,
4th Floor, Western Block, Salt
Lake City, Kolkata – 700091.
9
4. The Secretary, Irrigation and

Waterways Department,
Jalasampad Bhawam, 3rd Floor,
Western Block, Salt Lake City,
Kolkata – 700091.
5. The Additional Chief

Secretary, Irrigation and
Waterways Department,
Jalasampad Bhawam, 4th Floor,
Western Block, Salt Lake City,
Kolkata – 700091.
6. The Additional Director and

Special Secretary, Administrative
Training Institute, Government of
West Bengal, Salt Lake City,
Sector – III, Kolkata – 700106.
7. Ashis Chandra Sarkar

Record Supplier, Office of the
Executive Engineer Hooghly
Irrigation Division, Pearabagan
Road, Chinsurah, Hooghly, Pin -
712103.
8. Ranjit Kumar Das (S.C.),

Khalashi, Office of the Executive
Engineer, Alipurduar Irrigation
10
Division College Halt(Newtown),

P.O. - Alipurduar Court,
Alipurduar, Pin - 736121.
9. TarunKanti Paul, Patrol,

Office of the Executive Engineer,
Mayurakshi South Canal Division,
P.O. & P.S. - Santiniketan,
Bolpur, Shyambati, Birbhum, Pin
– 731204.
10. Sanat Kumar Ghosh, Night

Guard, Office of the Executive
Engineer, Mayurakshi South
Canal Division, P.O. & P.S. -
Santiniketan, Bolpur, Shyambati,
11. Sridhar Bhattacharya, Asstt.

Pump Optr., Office of the
Executive Engineer Kangsabati
Mechanical Division,
Mukutmanipur, Khatra, Bankura,
Pin – 722140
12. Tarapada Sahana (S.C.),

Orderly Peon, Office of the
Mukutmanipur, Khatra, Bankura,
11
Pin – 722140
13. ChittaRanjan Paul, Orderly

Peon, Office of the Executive
Engineer, Basirhat Irrigation
Division Dhaltitha P, Dandirhat,
Basirhat, North 24 Parganas, Pin
- 743412.
14. Swapan Kumar Dey, Duftry,

Basirhat Irrigation Division
Dhaltitha P, Dandirhat, Basirhat,
North 24 Parganas, Pin -
743412.
15. Kalidas Soren (S.T.),

Khalasi, Office of the Executive
Engineer Right Bank Irrigation
Division, Sonamukhi, Bankua,
Pin – 722207
16. Nilkantha Das, Patrol, Office

of the Executive Engineer,
Mayurakshi Head Quarters
Division, P.O. & P.S. Suri,
Birbhum, Pin -731101
17. Imam Ali Sardar,

Barkandaz, Office of the
Executive Engineer Investigation
& Planning Division(South),
12
Jalasampad Bhawan, 3rd Floor,

Salt Lake City, Kolkata - 700091.
18. Prabir Kumar Chatterjee,

Gauge Reader, Office of the
Executive Engineer Damodar
Canal Division, Court Compond,
Purba Bardhanman, Pin –
713101
19. Gobinda Chandra Mondal

(S.C.), Barkandaz, Office of the
Executive Engineer, Basirhat
Irrigation Division Dhaltitha P,
Dandirhat, Basirhat, North 24
Parganas, Pin - 743412.
20. Dilip Kumar Chakraborty,

Office Peon, Office of the
Executive Engineer Mayurakshi
North Canal Division, P.O. & P.S.
- Rampurhat, Nischintapur,
Birbhum, Pin -731224.
21. Subhasis Palit, Patrol,

Office of the Executive Engineer
Burdwan Irrigation Division,
D.V.C. Colony, Kanainatshal,
P.O. - Sripally, Purba Burdwan,
Pin - 713103.
22. Bipad Taran Chakraborty,

13

Canals Division No. II
Mukutmanipur, Khatra,
Bankura, Pin - 722140
23. Sudarsan Mandal (S.C.)

Time & Record, keeper, Office of
the Executive Engineer Purulia
Investigation & Planning
Division, Ranchi Road,
Bhatbandh, Irrigation Colony,
Purulia, Pin - 723101
24. Mousumi Mukherjee, Office

Engineer, Howrah Irrigation
Division, Kazipara, Shalimar,
Howrah, Pin - 711103.
25. Somnath Choudhury,

Barkandaz, Office of the Revenue
Officer, Mayurakshi Revenue
Division No. I, P.O. & P.S. - Suri,
26. MritunJay Chowdhury,

(S.C.), Gauge Khalasi, Office of
the Executive Engineer
Investigation & Planning
Division(Central), Jalasampad
14
Bhawan, 5th Floor, Salt Lake

City, Kolkata - 700091.
27. Sudhangshu Sekhar Bag,

Division No. II, P.O. & P.S. -
Rampurhat, Nischintapur,
28. Jagannath Roy, Patrol,

Right Bank Irrigation Division,
Sonamukhi, Bankua, Pin –
722207
29. Tapan Kumar Das (S.C.),

Sr. Works Man, Office of the
Executive Engineer Teesta
Barrage Division, Odhlabari, P.O.
- Manabari, Jalpaiguri, Pin -
735222
30. Latika Ray, Office Peon,

West Midnapur Division,
Midnapore Railway Station Road,
Irrigation Colony, Shekpara,
Midnapore, Pin – 721101
31. Md. Hakimuddin,

Chowkidar, Office of the
15
Executive Engineer Teesta Canal

Division No. II, Teesta Pally,
Islampur, Uttar Dinajpur, Pin -
733202
32. Ashok Kumar Dutta, Patrol,

Right Bank Irrigation Division,
722207
33. Kamal Kumar Rajak (S.C.),

Khalasi, Office of The Executive
Engineer Berhampore Irrigation
Division Baharampur, Gora
Bazar, Murshidabad, Pin –
742101
34. Ashim Kumar Mondal,

Barkandaz, Office of The
Executive Engineer Berhampore
Irrigation Division Baharampur,
Gora Bazar, Murshidabad, Pin –
742101
35. Vivekananda Dutta,

DivisionNo. II, P.O. & P.S. -
16
36. Jaleswar Sahu, Time &

Record Keeper, Office of the
Bankura, Pin – 722140
37. Subhas Chandra,

Chowdhury (SC), Khalasi, Office
of The Executive Engineer
Berhampore Irrigation Division
Baharampur, Gora Bazar,
Murshidabad, Pin - 742101
38. Subhajyoti Das, Office Peon,

Siliguri Irrigation Division, 26,
NabinSen Road, Mahanandapara,
P.O. - Siliguri, Darjeeling, Pin -
734001
39. Sailen De, Patrol, Office of

the Executive Engineer Right
Bank Irrigation Division,
722207
40. Samir Kumar Sarkar (SC),

Patrol, Office of the Executive
Engineer, Mayurakshi Head
17
QuartersDivision, P.O. & P.S.

Suri, Birbhum, Pin -731101
41. Samiran Panda, Barkandaz,

Office of the Superintending
Engineer, Mayurakshi Canal
Circle, P.O. & P.S. Suri,
Birbhum, Pin -731101
42. Kalyan Kumar Roy,

Executive Engineer, Mayurakshi
Head Quarters Division, P.O. &
P.S. Suri, Birbhum, Pin -731101
43. Tapan Chandra Das (SC),

Chowkidar, Office of the Director,
River Research
Institute ,Mohanpur, Kalyani,
Nadia, Pin - 741246.
44. Pir Mohammad, Office Peon,

Mahananda Embankment
Division, Green park,
Mokdumpur, P.S. - English
Bazar, Malda, Pin – 732101
45. Goutam Ganguli,

Executive Engineer Lower
Damodar Irrigation Division
18
Gopalnagar (East), Singur,

Hooghly, Pin – 712409
46. SurjaKanta Sardar (ST),

Record Supplier, Office of the
Executive Engineer, Basirhat
Irrigation Division Dhaltitha P,
Dandirhat, Basirhat, North 24
Parganas, Pin - 743412.
47. Bhabatosh Saha,

Executive Engineer, Coochbehar
Irrigation Division, Bara
DebiBari, Cooch Behar, Pin -
736170.
48. Surajit Das, Khalasi, Office

Alipurduar Irrigation Division
Collage Halt (Newtown), P.O. -
Alipurduar Court, Alipurduar,
Pin - 736121.
49. Kajal Dhar, Khalasi, Office

Alipurduar Irrigation Division
Collage Halt Newtown), P.O. -
Alipurduar Court, Alipurduar,
Pin - 736121.
50. Pinaki Ranjan Mondal (SC),

19

Executive Engineer Joynagar
Irrigation Division, Maha
Prabhutala, Puratan Bazar,
Baruipur, Kolkata - 700144.
51. Chandanmoy Sarkar,

Superintending Engineer, North
East Irrigation Circle - I, Debi
Bari, Coochbehar, Katwali,
Coochbihar, Pin - 736170.
52. Ashoke Kumar Satpati,

Time & Record Keeper, Office of
the Superintending Kangsabati
Mechanical Division, Khatra,
53. Joydip Mukherjee,

Officer Damodar Irrigation
Revenue Division No. III,
Jeliapara, Chinsurah, Hooghly,
Pin - 712101
54. Goutam Chandra Ray, (SC),

Superintending Engineer, North
East Irrigation Circle - II, Debi
Bari, Coochbehar, Katwali,
20
Coochbihar, Pin - 736170.
55. Biswanath Ghosh, Patrol,

Mayurakshi South Canal
Division, P.O. & P.S. -
Santiniketan, Bolpur,
Shyambati, Birbhum, Pin –
731204
56. Subrata Chakraborty,

Enginer Damodar Head Works
Division D.V.C. New Colony,
Durgapur - 2, Paschim
Bardhaman, Pin - 713101.
57. Sattya Ranjan Halder,

Khalashi, Office of the Executive
Engineer 2 Canals Division,
JalasampadBhawan, 2nd Floor,
Salt Lake, Kolkata – 700091
58. Hiralal Saha (SC), Patrol,

Mayurakshi North Canal
Division, P.O. & P.S. -
59. Haripada Mandal, Gauge

Reader, Office of the Executive
21
Engineer, Howrah Irrigation

Division, Kazipara, Shalimar,
Howrah, Pin - 711103.
60. Subrata Banerjee, Helper

Greasing, Office of the Executive
Engineer Metropolitan Electrical
Division, Jalasampad Bhawan,
4th Floor, Salt Lake City, Kolkata
- 700091.
61. Joydev Paul, Record

Supplier, Office of the Executive
Engineer Investigation &
Planning Division(Central),
Jalasampad Bhawan, 5th Floor,
Salt Lake City, Kolkata - 700091.
62. Biswanath Lohar (SC),

Gauge Khalasi, Office of the
Design Division, Vill & P.O. -
Kenduadihi, Bankura, Pin –
722102
63. Tarak Nath Kar, Assistant

Mechanic, Office of the Executive
Engineer Metropolitan Electrical
Division, Jalasampad Bhawan,
4th Floor, Salt Lake City, Kolkata
22
- 700091.
64. Tamal Chakraborty, Sr.

Worksman, Office of the
Barrage Electrical Division
Teesta Administrative Building,
Tinbattia More, P.O. - Siliguri
Bazar, Jalpaiguri, Pin – 734005
65. Gour Chandra Halder (SC),

Belder, Office of the Executive
Engineer Joynagar Irrigation
Division, Maha Prabhutala,
Puratan Bazar, Baruipur,
Kolkata - 700144.
66. Aloke Kumar Paul, Sr.

Worksman, Office of the
Irrigation Division, Teesta Pally,
Mohitnagar, P.S. - Kotwali.
Jalpaiguri, Pin – 735102
67. Sambhu Ghosh, Watchman,

Teesta Mechanical Division
68. Pintu Chatterjee Patrol,

23

Lower Damodar Irrigation
Division, Gopalnagar (East),
Singur, Hooghly, Pin - 712409
69. NemaiHazra, Khalasi, Office

of the Executive Engineer 1
Canals Division, Jalasampad
Bhawan, 2nd Floor, Salt Lake,
Kolkata – 700091
70. Siba Prasad Maity, Khalasi,

Hooghly Irrigation Division,
Pearabagan Road, Chinsurah,
Hooghly, Pin - 712103.
71. Bibhuti Pal Khalasi, Office

of the Executive Engineer 1
Canals Division, Jalasampad
Bhawan, 2nd Floor, Salt Lake,
Kolkata – 700091
72. Bholanath Sikdar, Khalasi,

Mahananda Barrage Division
73. Parimal Muchkarni (SC)

24
Superintending Engineer
Mayurakshi Canal Circle, P.O. &
P.S. Suri, Birbhum, Pin -731101
74. Sibaprasad Sahu, Khalasi,

Kangsabati Canals Division No. II
75. Narayan Chandra Mishra,

Bunglow Attendant, Office of the
Canals Division No. II
76. Salil Kumar Ghorai (SC),

Engineer Kangsabati Canals
Division No. IV, P.O. –
Bidhannagar (East), Paschim
Midnapore, Pin - 721101.
77. Tapan Kumar Bairagya,

Enginer Damodar Head Works
Division D.V.C. New Colony,
Durgapur - 2, Paschim
25
Bardhaman, Pin - 713101.
78. Gopal Chandra Saha,

Gauge Khalasi, Office of the
Executive Enginee North
Dinajpur Irrigation Division FCI
More, Raiganj, Uttar Dinajpur,
Pin – 733134
79. Ajit Biswas (SC), Khalasi,

Office of the Superintending
Engineer, North East Irrigation
Circle - I, Debi Bari, Coochbehar,
Katwali, Coochbihar, Pin -
736170.
80. Panchanan Khatua,

Engineer K.K.B. Project Division,
Temathani, P.O. - Lutunia,
Sabang, West Midnapore, Pin -
721166.
81. Ramkrishna Das

Chowdhury, Gauge Khalasi,
26
Murshidabad, Pin – 742101
82. Gobinda Chattaraj, Khalasi,

Murshidabad, Pin – 742101
83. Birendra Nath Saha (SC),

Engineer, Mahananda
Embankment Division, Green
park, Mokdumpur, P.S. - English
Bazar, Malda, Pin – 732101
84. Mayukh Roy, Barkandaz,

Lower Damodar Irrigation
Division Gopalnagar (East),
Singur, Hooghly, Pin - 712409
85. Pathik Dutta, Khalasi,

Burdwan Irrigation Division,
D.V.C. Colony, Kanainatshal,
P.O. - Sripally, PurbaBurdwan,
Pin - 713103.
86. Balai Chandra Sarkar, Sr.

Workman, Office of the Executive
27
Engineer, Damodar Canal

Division, Court Compound,
PurbaBurdwan, Pin – 713103
87. Haridhan Das (SC),

Executive Enineer Mayurakshi
Electrical & Mechanical Division,
P.O. & P.S. Suri, Birbhum, Pin -
731101
…..Respondents.
To
The Hon’ble Prakash Shrivastava, Chief Justice and His Companion
Justices of The said Hon’ble Court;
The humble petition of the
petitioners above named most
respectfully:
S H E W E T H:
1. That your petitioners are the citizens of India and permanently
resides at the place mentioned in the cause title of this petition.

28
2. That your petitioners state that the petitioners filed an
application under Section 19 of the Administrative Tribunal Act, 1985
before the Learned Tribunal praying for following relief :-
a) An order do issue directing the respondents to
rescind, cancelled and/or withdraw the promotion
order in respect of the private respondents whose
names figured in the office order dated 23.07.2019
and 24.07.2020.
b) An order do issue directing the respondents to issue
promotion order in favour of the applicants in
conformity with the Rules of 2019 forthwith by
giving effect from the due date of promotion of
which the respective petitioners are entitled to get
terminal benefits.
c) Any order or orders and/or direction or directions
as this Hon’ble Tribunal may deem fit and proper.
d) Leave be granted to the applicants to file the
application jointly.
3. That the case made out in Original Application being O.A. No.59
of 2022 runs as follows :-
a) That all the applicants in the present application are Group – “D” staffs
under the administrative control of West Bengal Irrigation and Waterways

29
Directorate. The details of their appointment, designation office being held are
given hereunder :-
Sl. Draf Name & Date of Date of Office address Resi. Address
No t gr. designation birth joining
List
no.
1 108 KUTUB 10.04.1 11.12.2 METROPOLITAN GALAXY APARTMENT,
3 UDDIN 969 014 DRAINAGE CIRCLE, 828, NORTH EAST
LASKAR, / 52Y. FARTABAD, GARIA,
OFFICE KOLKATA 700084.
PEON
2 218 ARNAB ROY, 07.11.1 11.6.20 SUPERINTENDING RESIDENCE- SECH
RECORD 981 04 ENGINEER, WESTERN ABASAN, 1D7, FF
SUPPLIER /40Y CIRCLE-I, I&W DTE., BLOCK, SALT LAKE
JALASAMPAD BHAVAN, CITY, KOL-106
SALT LAKE CITY, KOL-
91
3 651 KAUSHIK 27.02.1 12.8.20 MAHANANDA BARRAGE SHIV SHAKTI KALI
SARKAR, 981 14 DIVISION, TINBATTI, BARI ROAD, SUKANTA
CHOWKIDAR /40Y. SILIGURI-05 PALLY, P.S- N.J.P,
P.O- SILIGURI BAZAR,
DIST-
JALPAIGURI, 734005
4 544 MITHUN 27.08.1 5.11.20 MAHANANDA BARRAGE ABHINANDAN
GANGULY, 979 12 DIVISION, TINBATTI, APARTMENT,
KHALASI /42Y SILIGURI-05 DINABANDHU MITRA
SARANI, HATI MORE,
SUBHAS PALLY,
SILIGURI-734001,
DIST-
DARJEELING
5 317 ASHIM 21.11.1 3.7.200 EXECUTIVE ENGINEER, QTR. NO-E-2/8 NEAR

BARAI, 979 7 TEESTA DESIGN FOOTBALL GROUND,
CHOWKIDAR /42Y DIVISION, TEESTA TEESTA PALLY,
ADMINISTRATIVE TINBATTI MORE,
BUILDING, SILIGURI-05
TINBATTI MORE,
SILIGURI-05
6 443 SUDIPTA 12.10.1 14.3.20 EXECUTIVE ENGINEER, DANGAPARA, PANDA
MUKHERJEE 976 11 TEESTA DESIGN PPARA KALI BARI,
, /45Y DIVISION, TEESTA KOTWALI,
CHOWKIDAR ADMINISTRATIVE JALPAIGURI-735132
BUILDING, TINBATTI
MORE, SILIGURI-05
7 176 SUKHEN 12.10.1 12.3.20 TILPARA BARRAGE VILL+P.O-
BANDYOPAD 970 02 SUB- DIVISION, SURI, BARABAGAN, DIST-
HYAY , /51Y UNDER MAYURAKSHI BIRBHUM, PIN-
KHALASI HD QTR. DIVISION, 731103
SURI, BIRBHUM
8 174 SHIB KINKAR 11.01.1 12.3.20 TILPARA BARRAGE SURI, RABINDRA
MONDAL, 966 02 SUB- DIVISION, SURI, PALLY, DIST-
KHALASI /55Y UNDER MAYURAKSHI BIRBHUM, PIN-
HD QTR. DIVISION, 731101
SURI, BIRBHUM
9 153 MALAY 01.01.1 3.7.200 TILPARA BARRAGE ANANDAPUR, SURI,
GHOSH, 976 0 SUB- DIVISION, SURI, BIRBHUM, PIN-
KHALASI /45Y UNDER 731101
MAYURAKSHI HD QTR.
DIVISION, SURI,
BIRBHUM
30
10 399 ROSHIUDDIN 29.12.1 28.9.20 MAYURAKSHI NORTH WARD NO-06, NAZRUL

SAIKH, 980 10 CANALS DIVISION, PALLY, NALHATI,
PATROL /41Y RAMPURHAT, BIRBHUM, PIN-
BIRBHUM 731243
11 847 SISIR KUMAR 03.01.1 9.9.201 KANGSABATI LEFT SRIDAMSOLE,
MANDAL, 978 4 BANK SUB- DIVISION AMBIKANAGAR,
KHALASI /43Y NO-V, UNDER RANIBANDH ,
BANKURA IRRIGATION BANKURA, PIN-
DIVISION, 722135
BANKURA.PIN-722102
12 459 MANAB 14.01.1 1.2.201 SUPERINTENDING KAMARKULI,
GHOSAL, 984 2 ENGINEER, CHHATNA, BANKURA,
OFFICE /37Y KANGSABATI CIRCLE-I, PIN-722132
PEON BANKURA.PIN-722102
13 344 MD. AHMED 02.02.1 23.11.2 EXECUTIVE ENGINEER, BARUIPUR, SAJAHAN
ALI, 988 009 MOGRAHAT DRAINAGE ROAD, WARD NO-03,
MESSENGER /33Y DIVISION SOUTH 24 PARGANAS,
PEON KOL-144
14 421 AVISHEK 06.05.1 23.12.2 KANGSABATI CANALS VILL- RAIPUR, P.O-
SATPATHI, 985 010 SUB- DIVISION NO-VIII, GARH RAIPUR, P.S-
KHALASI /36Y RAIPUR UNDER RAIPUR, DIST-
KANGSABATI CANALS BANKURA, PIN-
DIVISION NO-II, 722134
KHATRA,
BANKURA
1 38 SHOVAN KR. 13.01.1 16.9.20 EXECUTIVE ENGINEER, BARANILPUR,
PAUL, 976 10 DAMODAR CANAL NUTANPARA,
5 5 KHALASI /45Y DIVISION, COURT SRIPALLY, PURBA
COMPOUND, PURBA BARDHAMAN-713103
BARDHAMAN-713101
1 36 SOURAV 04.04.1 24.5.20 EXECUTIVE ENGINEER, KANGSABATI
MAHATO, 983 10 KANGSABATI CANALS COLONY,KHATRA, ,
6 8 BARKANDAZ /38Y DIVISION NO-II, DIST- BANKURA, PIN-
KHATRA, BANKURA 722140
1 96 LIPIKA KAR 06.01.1 29.9.20 The Sub- Divisional ROYEL TOWER, 35/A,
(GUHA), 970 14 Officer, CALCUTTA JOGENDRA BASAK
7 4 KHALASI /51Y CANALS SUB- ROAD, BARANAGAR,
DIVISION, 37/3, CANAL KOL-36
WEST
ROAD, KOL-04
1 37 BISWAJIT 27.02.1 16.6.20 URBAN DRAINAGE FLAT NO-D-29/7,
DEY, OFFICE 974 10 DIVISION, BAISAKHI ABASAN,
8 1 PEON /47Y JALASAMPAD BHAWAN, BLOCK-AG, SECTOR-
4TH FLOOR, SALT LAKE 02, SALT LAKE, KOL-
CITY, KOL-91 91
1 50 MD AMIN 15.01.1 24.7.20 IRRIGATION SUB VILL+POST-DUDHER
MIAH, 991 12 DIVISION, DEBIBARI KUTHI DEWAN BOSH,
9 6 CHOWKIDER /30Y COOCH BEHAR, PIN :- DT:-COOCH
736101 BEHAR, PIN:-736170
2 96 RATAN 05.01.1 29.9.20 CALCUTTA CANALS 94/8, RABINDRA
SARKAR, 970 14 SUB- PALLY, P.O &
0 3 KHALASI /51Y DIVISION, 37/3,CANAL P.S. NEW
WEST RD., KOLKATA - BARRACKPORE,
700004 KOL.- 700131
2 86 KRISHNA 12.06.1 15.9.20 THE SUB - DIVISIONAL 208/6, RAJA
MONDAL , 969 14 OFFICER , 37/3, CANAL RAMMOHAN ROY
1 6 KHALASI /52Y WEST ROAD , KOL -4 . ROAD , NETAJI SARAK
,
KOLKATA - 8.
2 54 RAJENDRA 20.02.1 7.12.20 MAHANANDA BARRAGE MADHYA
DAS, 979 12 DIVISION, TINBATTI, SANTINAGAR,
2 7 KHALASI /42Y. SILIGURI-05 KARUNAMOYEE
KALIBARI ROAD,
DABGRAM 2, P.S-
BHAKTINAGAR, DIST
31
JALPAIGURI, PIN-
734004
2 36 SUBHRAJIT 08.01.1 8.3.201 EXECUTIVE ENGINEER, NETAJI PALLY,P.O-
DEY, OFFICE 978 0 26BMAHANANDA LINK RABINDRA SARANI,
3 3 PEON /43Y CANAL DIVISION, SILIGURI, DIST-
TEESTA SECH DARJEELING, PIN-
BHAWAN, 2ND MILE, 734006
SEVOKE ROAD,
SILIGURI
2 45 ANANYA ROY, 31.12.1 24.11.2 CHIEF ENGINEER, 17, HAKIMPARA,
ORDERLY 981 011 TEESTA BARRAGE NAZRUL SARANI,
4 7 PEON /40Y PROJECT, 2ND MILE, (PAKURTALAMORE),
SEVOKE ROAD, SILIGURI-734001
SILIGURI
2 53 SOURAV 21.07.1 4.10.20 SUPERINTENDING UTTAR MOURI
SINGHA, 990 12 ENGINEER, WESTERN KHATIR SARDAR
5 9 OFFICE /31Y CIRCLE-I, I & W DTE, PARA NEAR PRAGATI
PEON JALASAMPAD SANGHA
BHAVAN(8TH FLOOR), CLUB, ANDUL-MOURI,
SALT LAKE CITY, KOL- DOMJUR, HOWRAH,
91 711302
2 31 DIPU SAHA 01.04.1 19.7.20 EXECUTIVE TINBATTI MORE,
NIGHT 980 07 ENGINEER,TEESTA GOVT. QRT. NO. E-
6 9 GUARD /41Y DESIGN DIVISION, 6/8, SILIGURI-734005
TINBATTI MORE,
SILIGURI-
734005
2 32 SIMA 08.05.1 13.8.20 EXECUTIVE ENGINEER, SHASTRI NAGAR
BHUJEL, 980 07 TEESTA DESIGN ZILLA PARISHAD
7 3 OFFICE /41Y DIVISION, TINBATTI ROAD WORD NO.41
PEON MORE, SILIGURI-05. PO. SEVOKE ROAD
DIST.
JALPAIGURI PIN.
734001
2 31 ABHISHEK 27.09.1 3.7.200 TEESTA MONITORING RAHUL APARTMENT,
NAG, OFFICE 979 7 AND EVOLUTION DESHBANDHU PARA,
8 6 PEON /42Y DIVISION. TINBATTI SILIGURI,
MORE, SILIGURI, DERJEELING.
2 10 ARINDAM 21.03.1 30.10.2 EXECUTIVE ENGINEER, 5/C KULTI GOVT.

MAJUMDAR, 970 014 CANALS DIVISION COLONY (UTTAR
9 38 KHALASI /51Y DEBIPUR) , B.
GOBINDAPUR,
BHANGAR, S. 24
PARGANAS, 743502
3 98 TARUN 28.11.1 9.10.20 DIRECTOR, RIVER 131 C.R. DAS

CHAKRABOR 969 14 RESEARCH INSTITUTE, AVENUE, A-ZONE,
0 5 TY, /52Y HARINGHATA CENTRAL DURGAPUR, PASCHIM
CHOWKIDAR LABORATORY, BARDHAMAN, 713204
MOHANPUR, NADIA,
741246
3 11 RUPAK 15.01.1 20.8.20 TEESTA BARRAGE OODLABARI

CHAKRABOR 987 15 DIVISION, OODLABARI, TOWNSHIP,
1 45 TY, /34Y MANABARI, MANABARI,
CHOWKIDAR JALPAIGURI, 735222 JALPAIGURI,
735222
3 72 KAKOLY 14.05.1 21.8.20 SUPERINTENDING 71/2, ‘A’- ROAD,

SARKAR, 976 14 ENGINNER, WESTERN ANANDAPURI
2 9 ORDERLY /45Y CIRCLE-I, I & W DTE. BARRACK PORE,
PEON NONACHANDAN
PUKUR,
NORTH 24 PARGANA,
32
700122
b) That the applicants herein have already completed 7 to 10
years services in their respective post under Group “D” posts
and other eligible Group “C” post. It appears from the said
Memorandum dated 4th August, 2017 that the employees
working as Group “D” staffs under the establishment are
required to pass examination on computer operation and
computer typing conducted by the competent authority as per
27of West Bengal.

declaration of the Government
c) That in terms of clause 3 of the Notification dated 4 th
August, 2017 the applicants before this Hon’ble Tribunal have
obtained computer typing post qualification from the
administrative training institute in the year 2018 as in-service
candidates.
d) That view Notification No. 662-F, West Bengal
Services/Recruitment to the clerical cadre) Rules, 2019 was
promulgamated. It appears from the Rules 662-F, West Bengal
Services/Recruitment to the clerical cadre), Rules, 2019
(hereinafter referred to as Rule of 2019) that Rule 5C of the said
Rule speaks as follows:-
“(c) ten per centum (10%) of the posts of Lower Division
Assistants or Lower Division Clerks borne in the

33
Secretariat Common Cadre of Lower Division Assistants
constituted under rule 4 of the West Bengal Services
(Secretariat Common Cadre) Rules, 1984 or any
Directorate or any of the Regional Officers shall be filled
up by promotion from Group “D” and eligible Group “C”
employees of the Departments or respective Directorates
or Regional offices, as the case may be, who possess
requisite qualifications and have passed the examination
on elementary knowledge in computer operation with
ability of typing 20(twenty) words per minute in English or
10 (ten) words per minute in Bengali to be conducted by
the Commission or by any other authority to be declared
by the Government”.
e) That in terms of the Rule 5(c) 10% post of the LDA/LDC
shall be filled up by promotion from Group ‘D’ and eligible
Group ‘C’ employees of the department. As such the applicants
herein having obtained computer typing test qualification and
Madhyamik Examination pass qualification is prescribed under
Rules 5 are entitled to be considered for their respective
promotion.
f) That it is needless to mention herein none can be
recruited and/or promoted to the group ‘C’ post on lack of
eligibility criteria but matter of surprise the authority who are
the creature of the statute are violating the rules of 2019 in

34
abrupt manner issuing order of promotion in favour of the
private respondents who did not have the order possess the
computer typing qualification.
g) That under office order dated 23.07.2019 and 24.07.2020
total 81 candidates have been given promotion under the 10%
quota in violation of the said Rules of 2019 save and except 30%
viz. (1) Bipad Taran Chakraborty, (2) Subhojyoti Das and (3)
Parimal Muchkarni. These 78 employees whose names were
inducted in the gradation list above names of the applicants for
promotion to the post Group 'C' post does not fulfil the
minimum eligibility qualification as per Rule 6 and Rule 5C of
2019 Rule.
h) That it appears from the Memo No. 2230-IE dated
17.11.2021 issued by the Special Secretary to the Government
of West Bengal addressing Directorate of Personnel and Ex-
Officio Chief Engineer it has been clarified that Rule of 2019 has
come into force from 24.1.2019 in supersation of all previous
notifications. The appointment to the post of LDA/LDC whereby
direct recruitment order by promotion, the candidates must
have qualification of elementary knowledge of computer
operation and there is no provision for exemption from passing
the same in any case and it was further clarified there should
not be any exemption in respect of passing examination in

35
terms of the condition as stated in para 2 of the Notification
dated 24.1.2019.
i) That the applicants herein are the qualified eligibility
bonafide candidates who were supposed to be given promotion
in the post of Group “C” under the 10% quota is for the reason
best known to the authorities. The eligible candidates being the
applicants herein are superseded and candidates without
computer typing qualification have been given promotion and as
such the action of the authority is absolutely nonest in the eye
of law as the promotion order in respect of the private
respondents are made for constitution and contradiction
inasmuch as in absolute violation of the 2019 rule.
j) That the applicants herein made representation before
the authority by a letter dated 13.07.2021 with a request to look
into the matter for extending terminal benefits to the applicants
in conformity of 2019 Rule to stand but the prayer of the
applicants have not been considered by the respondents in
deviation to the principles of natural justice.
k) That it is the settled preposition of law the executive
authorities who are controlled and constituted under the
legislative guidelines and/or rules/notification are required to
obey, follow, adhere to such rules notification and any act in
deviation of the said settled rules is tantamount to interference

36
of the legislature intent. The act of promotion conferred to the
private respondents is nothing but a sheer example for violation
of the rules and thus promotion order of the private
respondents are liable to be set aside by this Hon’ble Tribunal.
Any act done without conformity of the rule is breach of law and
as such the illegal act cannot be regularized in any condition.
The bonafide legitimate claim of the applicants should not have
been turned down by the respondents by way of giving
promotion to the ineligible candidates to the post of Group “C”
staff in violation of the rules of 2019.
Xerox copy of the entire Original Application being O.A. No.59 of
2022 with all annexures is annexed herewith and marked as
Annexure “P-1”.
4. That the original application was filed within statutory time and
on 28.06.2022 the Original Application was admitted and direction for
filing reply and rejoinder was passed and matter was directed to be
listed on the next date of hearing.
Copy of the order dated 28.06.2022 is annexed herewith and
marked as Annexure “P-2”.
5. That on 03.11.2022 the answering respondent failed to submit
reply and the register of the Tribunal extended the time for filing the
37
reply and thereafter again on 21.12.2022 again the matter was taken
by the Learned Tribunal and further adjournment was granted and
matter has been posted on 27th February, 2023.
Xerox copy of the order dated 03.11.2022 and 02.12.2022 are
annexed herewith and marked as Annexure “P-3”.
6. That time and again the answering respondent are taking
adjournment and day by day the answering respondent are sustaining
receiving losses as there bonafide claim of promotion has been denied
and non deserving candidate were given promotion. The hidden
agenda of the state authority is to delay of the hearing of the O.A. to
make a safe passage to those persons who have been irregularly or
illegally given promotion in suppression of petitioners’ claim.
7. That in the Learned Tribunal the case of the petitioner is getting
lingered excessively, unjustifiably and inequitably on one or the other
excuses to the utter frustration on the basis purpose and objective of
the Administrative Tribunal Act, 1985.
8. That the dates in the said case are fixed at such a long intervals
that the matter gets listed for hearing and even on those dates the
chances of disposal of the matter gets deferred on one or the other
trifling grounds and on the prayer of any of the respondents, the
matter gets adjourned, it is practically adjourned for that whole year

38
and as a result hereof, the petitioner is being deprived of his right to
get speedy and effective justice, and by which their fundamental
rights as well as their Constitutional and legal rights are being
seriously and grossly affected.
9. That your petitioner states that the said Original Application
being O.A. No. 59 of 2022 has been fixed for hearing on 27.02.2023
after the long interval although long interval have already been
elapsed from the date of filing of the said Original Application being
O.A. No. 59 of 2022.
10. That the Tribunal in the facts and circumstances of the case,
ought to have fixed up the date of hearing expeditiously for effective
adjudication of the same otherwise the petitioner will be denied of
justice for no fault of its own and will be seriously prejudiced.
11. That your petitioner states that due to fixation of the matter
being O.A. No. 59 of 2022 in the long gap the petitioner is suffering
mentally a lot as such the Learned Bench of the Administrative
Tribunal ought to fix up the matter on an urgent basis but the Leaned
Tribunal without considering said aspect has been pleased to fix the
matter in the month of February which is denial of justice.
12. That unless this Hon’ble Court will be pleased to direct the
Learned Tribunal to dispose of the Original Application being O.A.

39
No.59 of 2022 expeditiously by modifying the Order dated 21.12.2022
passed by the Learned Tribunal, your Petitioner will suffer irreparable
loss and injury which cannot be compensated in any manner
whatsoever.
13. That being aggrieved by and dissatisfied with the impugned
Order dated 21.12.2022 passed by the Learned Administrative
Tribunal in respect of fixing the matter for hearing in the long gap and
to fix up the matter being O.A. No.59 of 2022 for expeditious hearing,
your petitioners beg to move this writ petition under Article 226 of the
Constitution of India in this Hon'ble Court on the following amongst
other:-
GROUNDS
I. For that the original application was filed within statutory
time and on 28.06.2022 the Original Application was
admitted and direction for filing reply and rejoinder was
passed and matter was directed to be listed on the next date
of hearing.
II. For that on 03.11.2022 the answering respondent failed to
submit reply and the register of the Tribunal extended the
time for filing the reply and thereafter again on 21.12.2022
again the matter was taken by the Learned Tribunal and

40
further adjournment was granted and matter has been
posted on 27th February, 2023.
III. For that time and again the answering respondent are taking
adjournment and day by day the answering respondent are
sustaining receiving losses as there bonafide claim of
promotion has been denied and non deserving candidate
were given promotion. The hidden agenda of the state
authority is to delay of the hearing of the O.A. to make a safe
passage to those persons who have been irregularly or
IV. For that in the Learned Tribunal the case of the petitioner is
getting lingered excessively, unjustifiably and inequitably on
one or the other excuses to the utter frustration on the basis
purpose and objective of the Administrative Tribunal Act,
1985.
V. For that the dates in the said case are fixed at such a long
intervals that the matter gets listed for hearing and even on
those dates the chances of disposal of the matter gets
deferred on one or the other trifling grounds and on the
prayer of any of the respondents, the matter gets adjourned,
it is practically adjourned for that whole year and as a result
hereof, the petitioner is being deprived of his right to get

41
speedy and effective justice, and by which their fundamental
rights as well as their Constitutional and legal rights are
being seriously and grossly affected.
VI. For that the said Original Application being O.A. No. 59 of
2022 has been fixed for hearing on 27.02.2023 after the long
interval although long interval have already been elapsed
from the date of filing of the said Original Application being
O.A. No. 59 of 2022.
VII. For that the Tribunal in the facts and circumstances of the
case, ought to have fixed up the date of hearing expeditiously
for effective adjudication of the same otherwise the petitioner
will be denied of justice for no fault of its own and will be
seriously prejudiced.
VIII. For that due to fixation of the matter being O.A. No. 59 of
2022 in the long gap the petitioner is suffering mentally a lot
as such the Learned Bench of the Administrative Tribunal
ought to fix up the matter on an urgent basis but the Leaned
Tribunal without considering said aspect has been pleased to
fix the matter in the month of February which is denial of
justice.
42
IX. For that unless this Hon’ble Court will be pleased to direct
the Learned Tribunal to dispose of the Original Application
being O.A. No. expeditiously by modifying the Order dated
21.12.2022 passed by the Learned Tribunal, your Petitioner
will suffer irreparable loss and injury which cannot be
compensated in any manner whatsoever.
14. That there is no other alternative legal efficacious and speedy
remedy than to move a writ application under Article 226 of the
Constitution of India and seek appropriate relief. The remedy sought
for if granted would be full adequate and complete.
15. There are no latches on the part of the petitioners in moving the
instant petition and the balance of convenience and/or
inconveniences is in favour of passing of the order, as prayed for
herein by the petitioners.
16. That the petitioners made representations before the concerned
authority and that representation should be taken as demand for
justice and further making demand for justice would be nothing but
an empty formality.
17. That the record of this case is lying within the jurisdiction of
this Hon’ble Court.

43
18. That no such writ application was moved before this Hon’ble
Court in the self same cause of action.
19. That this application is made bonafide and for the ends of
justice.
In the circumstances, your petitioners
humbly pray that your Lordships would
graciously be pleased to pass the
following orders:
a) A writ of or in the nature of
Mandamus do issue directing the
tribunal without giving any
unnecessary adjournment by modifying
the order dated 21.12.2022 and to
dispose of the Original Application
within a specific time period which the
Hon’ble Court may deem fit and proper.
b) A writ of or in the nature of
Certiorari do issue calling upon the
respondents and each of them to certify
and transmit to this court the original
records of the case before this Hon’ble

44
Court so that conscionable justice may
rendered.
c) A writ of or in the nature of
Prohibition do issue prohibiting upon
the respondents and each of them
either by themselves or through their
men, agents, assigns, subordinates
from exercising further not warranted
under the statute.
d) Rule of N I S I in terms of
prayers (a) to (c) as above;
e) If no cause or insufficient causes
are shown Rule be made absolute;
f) Ad interim order of injunction
restraining the Learned Tribunal to give
unnecessary adjournment by modifying
the order dated 21.12.2022 till the
disposal of the writ petition.
h) And pass such other further
order or orders as to Your Lordship
may seems fit and proper.
And your petitioners, as in duty bound, shall ever pray.

45
I certify that the petitioner no.1 has been

duly authorized to affirm and sign this
affidavit on behalf of the other
petitioners.
Advocate
AFFIDAVIT
I, Kutub Uddin Laskar, son of Late Idrish Ali Laskar, aged about
52 years, by faith – Islam, by occupation – ………………., residing at
Galaxy Apartment, 828, North East Fartabad, Garia, Kolkata –
700084, do hereby solemnly affirm and say as follows: -
1. That I am the petitioner No.1 in the instant writ application and

I am well acquainted with the facts and circumstances of the case and
I am competent to affirm this affidavit. I have been duly authorized by
the other petitioners to affirm and sign this affidavit on behalf of the
other.
2. That the statement made in paragraphs are true to

my knowledge and rest are my humble submissions before this
Hon’ble Court.
Prepared in my office The deponent is known to me.
Advocate Clerk to: -

46
Solemnly affirmed before me on Advocate

this the day of January, 2023.
Commissioner.
I certify all annexure are legible
Advocate
DISTRICT: KOLKATA
IN THE HIGH COURT AT

CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
In the matter of:

An application under Article 226
of the Constitution of India.
-AND-
In the matter of:
Kutub Uddin Laskar& Ors.
…Petitioners
Versus
The State of West Bengal & Ors.
..…Respondents
WRIT APPLICATION
47
Advocate
C/o. Ekramul Bari,
Advocate
High Court, Calcutta
Bar Association Room No.8
Mobile : 9331015890
E-mail :
e.barichambers@gmail.com
US-A
DISTRICT: KOLKATA
(APPELLATE SIDE)
Subject matter relating to:
under Group : ; Head: of the

Classification List.
CAUSE TITLE
Kutub Uddin Laskar & Ors.

……….Petitioners
- Versus –
………Respondents
Advocate on record:
48
Advocate
C/o. Ekramul Bari,
Advocate
High Court, Calcutta
Bar Association Room No.8
Mobile : 9331015890
E-mail : e.barichambers@gmail.com
DISTRICT : KOLKATA
(APPELLATE SIDE)
In the matter of:
Kutub Uddin Laskar & Ors.

…….Petitioners
- Versus –
………Respondents
INDEX
Sl.No. Description of the documents Annexure Pages
1. Writ Petition 1 - 46
2. Xerox copy of the entire Original P-1

Application being O.A. No.59 of 2022
with all annexures
3. Copy of the order dated 28.06.2022 P-2
49
4. Xerox copy of the order dated P-3

03.11.2022 and 02.12.2022
LIST OF DATES
28.06.2022 : The Original Application being O.A. No.
59 of 2022 was filed before the West
Bengal State Administrative Tribunal,
Salt Lake City, Kolkata.
21.12.2022 : The said Original Application being
O.A. No. 59 of 2022 was taken up for
consideration before the West Bengal
State Administrative Tribunal, Salt
Lake City, Kolkata.
O.A. No. 59 of 2022 was fixed for
hearing before the West Bengal State

50
Administrative Tribunal, Salt Lake City,
Kolkata.
POINTS OF LAW
I. Whether the original application was filed within statutory

time and on 28.06.2022 the Original Application was
admitted and direction for filing reply and rejoinder was
passed and matter was directed to be listed on the next date
of hearing.
II. Whether on 03.11.2022 the answering respondent failed to

submit reply and the register of the Tribunal extended the
time for filing the reply and thereafter again on 21.12.2022
again the matter was taken by the Learned Tribunal and
further adjournment was granted and matter has been
posted on 27th February, 2023.
III. Whether time and again the answering respondent are taking
adjournment and day by day the answering respondent are
sustaining receiving losses as there bonafide claim of
promotion has been denied and non deserving candidate
were given promotion. The hidden agenda of the state
authority is to delay of the hearing of the O.A. to make a safe
51
passage to those persons who have been irregularly or

IV. Whether the said Original Application being O.A. No. 59 of

2022 has been fixed for hearing on 27.02.2023 after the long
interval although long interval have already been elapsed
from the date of filing of the said Original Application being
O.A. No. 59 of 2022.
SHORT LIST OF DATES
28.06.2022 : The Original Application being O.A. No.

59 of 2022 was filed before the West
Bengal State Administrative Tribunal,
Salt Lake City, Kolkata.

O.A. No. 59 of 2022 was taken up for
consideration before the West Bengal
State Administrative Tribunal, Salt
Lake City, Kolkata.

O.A. No. 59 of 2022 was fixed for
hearing before the West Bengal State
Administrative Tribunal, Salt Lake City,
Kolkata.
52
SYNOPSIS
The original application was filed within statutory time and on

28.06.2022 the Original Application was admitted and direction for
filing reply and rejoinder was passed and matter was directed to be
listed on the next date of hearing. On 03.11.2022 the answering
respondent failed to submit reply and the register of the Tribunal
extended the time for filing the reply and thereafter again on
21.12.2022 again the matter was taken by the Learned Tribunal and
further adjournment was granted and matter has been posted on 27 th
February, 2023. The time and again the answering respondent are
taking adjournment and day by day the answering respondent are
sustaining receiving losses as there bonafide claim of promotion has
been denied and non deserving candidate were given promotion. The
hidden agenda of the state authority is to delay of the hearing of the
O.A. to make a safe passage to those persons who have been
irregularly or illegally given promotion in suppression of petitioners’
claim. The said Original Application being O.A. No. 59 of 2022 has
been fixed for hearing on 27.02.2023 after the long interval although
long interval have already been elapsed from the date of filing of the
said Original Application being O.A. No. 59 of 2022.
Hence, this Writ Petition.

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DISTRICT: KOLKATA

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

W.P.S.T. NO. of 2023

In the matter of:

An Application under Article 226

of the Constitution of India.

In the matter of:

1. Kutub Uddin Laskar, aged

2. Arnab Roy, aged about 40

3. Kaushik Sarkar, aged

4. Mithun Ganguly, aged

5. Ashim Barai, aged about

6. Sudipta Mukherjee, aged

8. Shib Kinkar Mondal, aged

9. Malay Ghosh, aged about

10. Roshiuddin Saikh, aged

11. Sisir Kumar Mandal, aged

12. Manab Ghoshal, son of

13. Md. Ahmed Ali, aged about

14. Avishek Satpathi, aged

15. Shovan Kr. Paul, aged

16. Sourav Mahato, aged

17. Lipika Kar (Guha), aged

18. Biswajit Dey, aged about

19. Md. Amin Miah, aged about

20. Ratan Sarkar, aged about

21. Krishna Mondal, aged

22. Rajendra Das, aged about

23. Subhrajit Dey, aged about

24. Ananya Roy, aged about 40

25. Sourav Singha, aged about

26. Dipu Saha, aged about 41

27. Sima Bhujel, aged about 41

28. Abhishek Nag, aged about

29. Arindam Majumdar, aged

30. Tarun Chakraborty, aged

31. Rupak Chakraborty,

Manabari, District – Jalpaiguri,

32. Kakoly Sarkar, aged

2. The Principal Secretary,

3. Chief Engineer (South), Chief

4. The Secretary, Irrigation and

5. The Additional Chief

6. The Additional Director and

7. Ashis Chandra Sarkar

8. Ranjit Kumar Das (S.C.),

Division College Halt(Newtown),

9. TarunKanti Paul, Patrol,

10. Sanat Kumar Ghosh, Night

11. Sridhar Bhattacharya, Asstt.

12. Tarapada Sahana (S.C.),

13. ChittaRanjan Paul, Orderly

14. Swapan Kumar Dey, Duftry,

15. Kalidas Soren (S.T.),

16. Nilkantha Das, Patrol, Office

17. Imam Ali Sardar,