The Honourable Lieutenant Governor And ORS v. Stenly James

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/25/2024 IA No.CAN/1/2024, CAN/2/2024, CAN/3/2024 The Hon'able Lieutenant Governor and Ors.

Vs Stenly James Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the appellants Ms. Anjili Nag ... for the respondent August 02, 2024 [SR] Item No.09 Re: CAN/02/2024 ( Condonation of delay) This is an application for condonation of delay of 218 days in presenting the appeal. Causes shown being sufficient, the delay is condoned.

CAN/2/2023 is disposed of.

Re:CAN/01/2024 ( Leave) This is an application for leave to file appeal without certified copy of the impugned order. This application is allowed. CAN/1/2024 is disposed of.

Re: MAT/25/2024 with CAN/3/2024 (Appeal and Stay) By consent of the parties, the appeal and the stay application are taken up for hearing together. This appeal is directed against a judgment and order dated October 16, 2023, whereby a learned Judge of this Court disposed of the respondent's writ petition being WPA/745/2023. The operative portion of the order reads as follows: "Considering the submission of the learned Advocate for the parties it appears that the Respondent Authority must have taken a prompt decision for amendment of the Recruitment Rules.

Considering the same the instant Writ Petition is disposed of with a specific direction upon the respondent authorities to amend the Recruitment Rule as mentioned in the Writ Petition within four weeks.

Any promotion of the authority in respect of the Assistant Engineers(E&M) shall be abide by the result of the alleged amendment of the Recruitment Rules."

It appears that the respondent had approached the learned Single Judge being aggrieved by the fact that the relevant Recruitment Rules were not being amended although the 6th and 7th Pay Commission had recommended amendment to such Rules. The learned Judge accordingly passed the aforesaid order. Being aggrieved the Administration has come up by way of this appeal.

Having heard the learned counsel appearing for the parties, we see no reason to interfere with the order. The learned Judge noted the stand of the Administration as reflected in its affidavitin-opposition that the Port Blair Municipal Council has initiated the process for amendment of the Recruitment Rules for the post of Assistant Engineer as per the Office Memorandum dated March 24, 2009 and August 09, 2016. Having so noted, the learned Judge passed the order which we have reproduced hereinabove. We merely clarify that the order of the learned Judge ought not to be construed as a direction on the Administration to complete the process of amendment of the Recruitment Rules in any particular manner. The amendment process shall be carried to its logical conclusion in accordance with law.

We further modify the order of the learned Single Judge as regards the direction for completion of the process of amendment of the Recruitment Rules within four weeks. The process should be expedited to the fullest extent and should be completed within a reasonable time period, preferably within six months from date. The appeal and the connected application are disposed of accordingly.

( Arijit Banerjee J.) ( Sugato Majumdar, J. )