Goutam Biswas v. State Of West Bengal And ORS.
M/L 191 24.03.2026 Court No.18 SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION WPA 28996 of 2023 Goutam Biswas Vs.
The State of West Bengal & Ors.
Ms. Pampa Dey Dhabal Mr. Pritam Sarkar ... for the Petitioner.
1.
None represents the respondents.
2.
The petitioner claims that he was in service as permanent employee in the Judgeship of Jalpaiguri. He joined service on September 20, 1994 and has put in satisfactory service for a considerable period of time. 3.
He alleges that neither the Career Advancement Scheme benefit nor promotion has been given to him. Several representations have been made by the petitioner before the learned District Judge. None is alleged to be answered till date.
4.
It appears that during the pendency of the instant writ petition, the petitioner attained the normal age of superannuation on January 31, 2025.
5.
The petitioner relies upon the notification of the Finance Department dated March 30, 1984 annexed at pages 38 to 40 of the writ petition in support of the submission that he would be entitled to the Career Advancement Scheme benefit and the benefit of promotion to the supervisory grade.
6.
From the documents available on record, it appears that the Chief Administrative Officer has
forwarded a note of the learned District Judge on March 5, 2024. The authority has disclosed that as the merit-wise common gradation list of the typist/copyist has not been prepared, accordingly, the claim of the petitioner for promotion could not be considered.
7.
The report of the Chief Administrative Officer also mentions that the petitioner was provided the 1st MCA benefit in the year 2002 and he was promoted (functional) to Grade-I Bengal Typist/Copyist on March 12, 2010. Since he was given the benefit of 1st MCA and also given functional promotion prior to completion of 16 years of continuous service, he was denied the benefit of 2nd MCA.
8.
Be that as it may, it appears that a formal order either accepting or rejecting the claim of the petitioner for grant of benefits as mentioned hereinabove is awaiting, hence, the instant writ petition stands disposed of by directing the District Judge, Jalpaiguri to pass a reasoned order on the prayer of the petitioner in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of this order and communicate the reasoned order to the petitioner immediately thereafter.
9.
An opportunity of hearing shall be granted to the petitioner for production of all documents in support of
his claim prior to passing the reasoned order in the matter.
10.
Learned advocate for the petitioner is directed to forward copy of all documents in support of his claim to the aforesaid respondent at the time of communicating this order.
11.
Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
12.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)