Ravichandran v. The Union Of India And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA 317/2021 Ravichandran ... Petitioner Vs.

The Union of India and Others ... Respondents Mr. Pardeshia Munda ...for the Petitioner Mr. V.D. Sivabalan Mr. Arun S. Kumar ...for the Respondents December 16, 2022 [MAM] Item No.14 This Writ application is filed with the following substantive prayers:- a. A writ or writs in the nature of mandamus or any other writ directing the respondent authority more particularly respondent No.5 to dispose of the representation of the petitioner in a time frame manner.

b. A writ or writs in the nature of mandamus or any other writ directing the respondent authorities more particularly respondent No.5 to grant seniority based on recruitment merit list of Mazdoor (now Mate (Ref/Mech).

c. A writ or writs in the nature of mandamus or any other writ directing the respondent authorities more particularly respondent No.5 to rectify the petitioner's current seniority in the grade of Ref/Mech (HS-II) and placed senior against the names as mentioned under para 9 of this writ

petitioner or as per merit list of initial appointment.

d. A writ or writs in the nature of mandamus or any other writ directing the respondents to produce the relevant case records pertaining to the instant case at the time of hearing of the case.

e. Any other order/orders, direction/directions do issue commanding the respondents to give complete relief to the petitioner or as this Hon'ble Court may deem fit and proper.

f. A writ or writs in the nature of mandamus directing the respondents to act in accordance to law.

g. Cost of and incidental thereto of this application be borne by the respondents.

The learned Advocate appearing on behalf of the writ petitioner has submitted that he was an employee under the Commander Works Engineer and his seniority was not considered at the time of preparing list thereof. Accordingly, the petitioner made a prayer before the Commander Works Engineer for considering his seniority and that was refused on the following grounds:- "Since the category wise seniority has already been fixed and promotions granted to the above individuals, the seniority in the subsequent categories cannot be changed at this juncture as per initial recruitment, since the

promotional seniority is based on panel seniority affected as per DPC."

Both the learned Advocates appearing on behalf of the parties have submitted that necessary direction may be given to the authority concerned to consider the representation.

On careful perusal of the entire record, I find it appropriate to direct the petitioner to submit representation afresh before the Commander Works Engineer/Respondent No5 who is also directed to consider the representation as per law and to dispose it of within four weeks from the date of communication of this order and also to communicate the same to the writ petitioner within one week thereafter. With the aforesaid observation the instant Writ application being WPA/317/2021 stands disposed of. (Bibhas Ranjan De, J.)