Shri Shyamal Roy And ORS. v. The Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** WP.CT/30/2023 Shri Shyamal Roy and others Vs.

Union of India and others Mr. Gopala Binnu Kumar ... for the petitioners Mr.Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration July 18, 2023 [AKB] Item No.23 The present writ petition has been preferred challenging an order dated 28th June, 2023 passed by the learned Tribunal in an original application, being OA 802/2023(Port Blair).

Mr. Kumar, learned advocate appearing for the petitioners submits that the petitioners are working as Junior Investigators under the respondent no.6. Since the year 2009 a decision is awaited as regards merger of the posts of Junior Investigators with that of the Senior Investigators as per the recommendation of the 6th Pay Commission. The Administration has also recommended for such merger of posts as per the recommendation of the 6th Pay Commission, as would be explicit from the memo dated 26th March, 2018 issued to the Under Secretary (ANL) Govt. of India, Ministry of Home Affairs. On one hand such issue of merger has been kept pending and on the other hand the Administration has taken a decision to fill up the post of Senior Investigator vide vacancy notification dated 9th June, 2023.

Unless the said recruitment process is stayed, the petitioners would be seriously prejudiced as their seniority would be adversely affected. Without considering such argument as advanced, the prayer for interim order to restrain the respondents from filling up the vacancies on the basis the vacancy notification dated 9th July, 2023 was refused and instead an order was passed that the recruitment process, 'will be subject to further order passed by this Tribunal as well as outcome of this OA'.

Mr. Kumar further submits that the competent authority was directed to consider the proposal for merger within a specified period by an order dated 27th April, 2023 passed in the earlier original application. The respondents themselves sought for extension of time to comply with such direction. By an order dated 7th July, 2023 time was extended for a period of three months. In spite of such order no final decision has been taken and in the midst thereof, the Administration has sought to fill up the vacancies. Mr. Chakraborty, learned advocate appearing for the State submits that the vacancy notification pertains to the post of Senior Investigator. To meet the administrative exigencies the posts need to be filled up. It is not a case that vacancies, if filled up would frustrate the petitioners' claim for merger to the post of Senior Investigator. Furthermore, he submits that the Administration itself has recommended the petitioners'

claim for such merger as per the recommendation of the 6th Pay Commission.

Heard learned advocates appearing for the respective parties and considered the materials on record. The issue as regards merger as per the recommendation of the 6th Pay Commission would certainly be considered by the learned Tribunal at the time of final hearing.

Prima facie, in our opinion, the interim order to restrain the respondents from filling up the vacancies on the basis the vacancy notification dated 9th July, 2023, as prayed for by the petitioners will cause a greater loss and prejudice to the respondents than the loss and prejudice the absence thereof, is likely to cause to the petitioners. In view thereof, the interim order to restrain the respondents from filling up the posts of Senior Investigators on the basis the vacancy notification dated 9th July, 2023, is refused.

With the above observations, the writ petition being WP.CT/30/2023 is disposed of.

There shall be no order as to costs.

(Tapabrata Chakraborty, J.) (Raja Basu Chowdhury, J.)