Nagendra Sharma v. Calcutta State Transport Corporation And ORS.
09.12.2024 Ct. 23 M/L 20 ab
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 23383 of 2024 Nagendra Sharma -VsCalcutta State Transport Corporation & Ors. Mr. Manas Kumar Ghosh Ms. Susmita Dey (Basu) ... for the petitioner Mr. Amal Kumar Sen, Mr. Sabyasachi Mondal ... for the CSTC Affidavit of service filed in Court today is taken on record.
The petitioner says that the petitioner is eligible for being considered for promotion to the post of "Vehicle Inspector" and as such, was called for an interview on 22nd December, 2023 conducted by Calcutta State Transport Corporation (in short, „CSTC‟) vide a Memo dated 18th December, 2023. The petitioner says that there is neither any rejection nor any approval granted to the petitioner for being promoted. The petitioner is in dark about the result of the selection process but has come to know that persons, junior to him, has been already promoted. The law is well settled that no one can seek any mandatory order for directing to be promoted but can
always pray for his/her candidature to be considered for the promotion.
In the instant case, the petitioner had fulfilled the prima facie criteria for the promotional post and as such, was called for an interview. It is, therefore, incumbent upon the CSTC to inform the petitioner as to whether his case has been recommended for promotion or his application for being promoted has been rejected. In the aforesaid facts and circumstances, the CSTC is directed to inform the petitioner within four weeks from date about the fate of his application seeking promotion and that of the interview to which the petitioner was called for on 22nd December, 2023. Nothing further remains to be adjudicated in this writ petition. The writ petition is accordingly disposed of.
Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.
All parties including CSTC shall act on the basis of the server copy of this order duly downloaded from the official website of this Court without insisting upon production of a certified copy thereof.
(Arindam Mukherjee, J.)