Uttam Hira v. State Of West Bengal And ORS.
20.06.2023 IN THE HIGH COURT AT CALCUTTA DL-12 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 12648 of 2023 Uttam Hira Vs.
The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharya, Mr. Aninda Bhattacharya ...for the petitioner.
Mr. Tapan Kumar Mukherjee, AGP, Mr. Somnath Naskar ....for the State.
Mr. Saikat Banerjee, Ms. Juin Dutta Chakraborty ....for the respondent no.2.
The petitioner has challenged a draft gradation list dated March 29, 2023 published by the District Judge, Nadia at Krishnagar.
Mr. Bhattacharya, learned counsel appearing on behalf of the petitioner submits that despite being lower in the gradation list that was published on January 1, 2020 and also as on January 1, 2021, several candidates in the unreserved category were promoted to Grade-I Bench Clerk.
The table containing the names is reproduced hereinbelow:- Grade-I Bench Clerk (No. of post=6) Sl.
No.
Full Name Qualifi cation Caste/ Religion Date of Birth Date of Appointment Date of
Present
Promotion/ Appointment Remarks /Period Strength categoric ally Sri Pritomoy Das UR 13.04.67 19.01.2000 01.03.19 Sri Brojogopal Das SC 26.08.62 01.07.04 01.03.19 Sri Nanigopal Debnath UR 14.03.63 01.03.04 20.03.19 Sri RabindraNath Biswas SC 21.07.69 19.11.04 01.10.19 Sri Rajkumar Agarwal UR 12.01.68 01.06.04 01.11.19 `28 Sri Surojit Pramanick UR 08.01.66 01.06.04 01.12.19
Mr. Mukherjee, learned Additional Government Pleader appearing on behalf of the State submits that final gradation list has been circulated prior to giving promotion to the candidates whose names appear from serial nos.23 to 28, who have been promoted to the post of Grade-I Bench Clerk. The petitioner did not raise any objection during such promotion. Considering the rival submissions of the parties and the materials placed on record, this Court directs the representation/objection raised by the petitioner to be considered by the District Judge, Nadia/respondent no.3 within 6 weeks from date in the event the same is made by proper channel within a week from date. The petitioner will be given an opportunity of hearing prior to disposal of his representation.
A reasoned order shall be passed and communicated within 2 weeks of passing thereof. During the personal hearing, all the necessary parties whose rights may be affected due to the passing of any order while consideration of the representation of the petitioner shall be also given a notice of hearing and be permitted to ventilate their grievances including the ones whose names appear in this order from Serial Nos.23 to 28.
With the directions aforesaid, WPA 12648 of 2023 is disposed of.
Since no affidavits have been directed to be exchanged in the writ petition, the allegations contained therein are deemed not to have been admitted by the respondents.
All parties shall act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.
(Lapita Banerji, J.)