Dr Joydev Lahiri v. The Chief Election Commissioner Of India And ORS
UL.
March 11, 2021.
MNS.
W. P. A. 7288 of 2021 (Via video conference) Dr. Joydev Lahiri Vs.
The Chief Election Commissioner of India and others Mr. Debasish Roy Chowdhury ... for the petitioner.
Affidavit-of-service filed in Court today be taken on record.
Despite service, none appears on behalf of the respondents.
The complaint of the petitioner is that the petitioner was assigned the duty of acting as a Presiding Officer in the oncoming Assembly elections, whereas persons employed in posts having a lower pay matrix than the petitioner have been assigned superior posts such as Chief Electoral Officer.
Learned counsel appearing for the petitioner relies on a list of such appointments given in paragraph - 8 at page 7 of the writ petition.
However, the pay matrix of the person concerned cannot be a criterion for the administration to choose the post to which a
person will be appointed. Even the gradation of a particular person in respect of his rank in the job he holds, does not have a direct bearing on the deputation, which is on a temporary basis, for the purpose of conducting election.
Although this Court can appreciate the perceived injury to the dignity of the petitioner, the grounds sought to be made out in the writ petition are not sufficient for setting aside such temporary assignment of the petitioner. The assignmentsin-question are merely for administrative purposes and do not apply to the gradation of office or pay scale of the persons concerned. As such, there being no reasonable nexus between the grounds on which the petitioner has challenged his appointment as a Presiding Officer and the relief sought by the petitioner, the writ petition cannot be entertained.
Accordingly, W. P. A. 7288 of 2021 is dismissed.
There will be no order as to costs.
Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Sabyasachi Bhattacharyya, J.)