Tanmay Kumar Jana v. State Of West Bengal And ORS.

16.12.2020 Ct. No. 24 Item No. 32 pk.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA No. 9488 of 2020 Tanmoy Kumar Jana -vs- State of West Bengal & Ors.

Mr. Ekramul Bari, Mrs. Tanuja Basak for the petitioner Mr. Uttam Kumar Bhattacharjee for the respondent no. 6 Mr. Rajarshi Basu for the State The petitioner seeks promotion to the post of Lower Division Assistant. According to the petitioner he is an eligible Group-D employee of the Zilla Parishad and has completed more than ten years in service. The name of the petitioner was recommended for promotion but thereafter the promotion has not been given effect to. The petitioner submits that a Typist was wrongly promoted in the post of Lower Division Assistant. On detection of the mistake, the said Typist was reverted to his previous post.

According to the petitioner there is a post of Lower Division Assistant vacant and promotion ought to be given to him.

The petitioner made a representation before the respondent authorities praying for his promotion.

The learned advocate representing the Zilla Parishad submits that the petitioner will not be deprived from his legitimate claim.

The learned advocate for the State submits that the case of the petitioner is liable to be looked into by the Executive Officer of the Zilla Parishad, i.e. District Magistrate of the District.

The petitioner has forwarded a copy of his representation to the District Magistrate. The same is pending consideration.

In view of the submissions made hereinabove, the instant writ petition is disposed of by directing the respondent no. 4 being the District Magistrate, Purba Medinipur and the Executive Officer of the Purba Medinipur Zilla Parishad to consider the representation of the petitioner in accordance with the rules within a period of eight weeks from the date of communication of a copy of this order. The said respondents shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

WPA 9488 of 2020 is thus disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)