Stenly James v. The Lieutenant Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/745/2023 Shri Stenly James ... Petitioner Vs.

The Lieutenant Governor and Others ... Respondents Mrs. Anjili Nag ...for the Petitioner Mr. Dibesh Dwivedi ...for the Respondents October 16, 2023 (M.A.Mobin) Item No.7 The Writ Petitioner is a Junior Engineer (E&M) working under the Port Blair Municipal Council. The Respondents are the authority who are the employers of the petitioner and who are responsible to take appropriate action for amending the recruitment rules in terms of recommendation of the Pay Commission.

The instant Writ Petition was filed for specific direction upon the Respondent Authority specially the Port Blair Municipal Council to amend the Recruitment Rules dated 21.05.2012 for the post of Assistant Engineer (E&M) by replacing 9 years of qualified service required for promotion to the post of Assistant Engineer (E&M) with 5 years of qualifying service for Diploma holders for promotion of the post of Assistant Engineer(E&M). The Affidavit-in-Opposition filed on behalf of the Respondent

Authority has pleaded that the Port Blair Municipal Council has initiated the process for amendment of recruitment rule for the post of Assistant Engineer as per OM dated 24.3.2009 and 9.8.2016.

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. (Subhendu Samanta, J.)