Asha, Assistant Engineer-I v. The Lt. Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/44/2021 Asha, Assistant Engineer-I Vs.

The Lt.Governor and others Mr. Rajinder Singh Mr Tapan Kumar Das .... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration Mr. K. Vijay Kumar ... for the private respondent April 03, 2024 [SR] Item No. 13 Petitioner assails the minutes of the Departmental Promotion Committee meeting held on July 16, 2020 recommending the respondent no.6 for promotion to the post of Executive Engineer (Civil) against the vacancy of 2015-2016.

Respondents are represented.

Learned advocate for the private respondent questions the maintainability of the writ petition. He submits that, the issue with regard to who is entitled to the promotion to the post was decided by the Division Bench in a proceedings between the same private parties being MAT/658/2019. He refers to the judgment and order dated September 30, 2019 rendered by the Division Bench in this regard.

Learned advocate appearing for the petitioner refers to the facts of the matter. He submits that, the petitioner is entitled to the promotion. He points out that, in the seniority list of 2017, his client was senior to the petitioner. Moreover, he argues that, there is difference between a Diploma Holder and the Degree Holder.

Upon hearing the learned advocate for the petitioner at length, a query was put to him as to whether, there was any incident happening subsequent to September 30, 2019, being the date of the judgment and order of the Division Bench passed in MAT/658/2019 to which, he responds that, the Departmental Promotion Committee held its meeting on July 16, 2020.

Essentially, the petitioner is seeking to revisit the issues which were settled by the judgment and order dated September 30, 2019 passed by the Division Bench in MAT/658/2019. Event occurring prior to such judgment and order are governed by the principles of res judicata. The earlier petition resulting in the order September 30, 2019 of the Division Bench was between the same parties and it involved the issue as who between the parties was entitled to the promotion. Issues sought to be raised herein were either raised and decided or was capable of being raised and deliberately not raised. The Departmental Promotion Committee held the meeting subsequent to the judgment and order dated September 30, 2019 and acted in terms thereof on July 16, 2020.

In such circumstances, I find no reason to set aside the decision of the Departmental Promotion Committee dated July 16, 2020 or the consequential steps taken thereafter. WPA/44/2021 is dismissed without any order as to costs. ( Debangsu Basak, J. )