Calcutta High Court (Appellete Side)
Indrajit Konar vs The State Of West Bengal & Ors on 5 April, 2016
Author: I. P. Mukerji
Bench: I. P. Mukerji
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04.2016
W.P. 30353 (W) of 2013
With
C.A.N. 4036 of 2014
Indrajit Konar
Vs
The State of West Bengal & Ors.
Mr. R. N. Majumder
Mr. Sourav Chakraborty
Mr. Supratim Bhattacharya
... for petitioner
Mr. Md. T.M. Siddique.. for State
On 11th September, 1990 the writ petitioner started his career as Overseer (II) in the erstwhile
Ranigunj Municipality.
This Municipality is now Asansol Municipality. He is still working in that post.
On 23rd March, 2009 he made an application to his employer for being promoted to the post of
Assistant Engineer (Civil).
On 23rd June, 2009 the Municipality requested the Director of Local Bodies, the respondent No. 3 for
creation of two posts of Assistant Engineers in the Municipality.
On 2nd August, 2010 the Director indicated by a letter that the Governor had been pleased to approve the creation of two posts of Assistant Engineers in the civil and electrical streams.
Now, to be eligible to be appointed as Assistant Engineer, the petitioner had to first enjoy the post of Sub-assistant Engineer. The respondent authorities did not grant promotion to the petitioner on the ground that he was a diploma holder in engineering and did not have the requisite degree qualification.
Learned Advocate for the petitioner draws my attention to a decision of the Director of Local Bodies, West Bengal at pages 56 to 57 of the writ petition pursuant to the order dated 16th May, 2013 in the writ 2 application of Indrajit Konar vs. State of West Bengal & Others (W.P. 14770(W) 2013). In that decision the Director opined that the overseers and Sub-assistant Engineers were doing the same nature of work.
Furthermore, I find from a letter of September, 1996 of the Joint Secretary to the Government of West Bengal to the Chairman, Katwa Municipality approving the appointment of one Amiya Kr. Dey to the post of Overseer (page 41 of the petition) and another letter of page 42 dated 20th November, 2001 appointing the same person as Assistant Engineer in the Public Works Department of Katwa Municipality.
Mr. Siddique, learned Advocate for the State opposes passing of any order in this writ application. He submits that the prayers made now are at variance with the prayers made in the writ petition. He also submits that the petitioner does not have the requisite qualification.
As far as the first point is concerned the Court is entitled to mould the prayers to give full relief to the petitioner.
The answer of the second point of Mr. Siddique, that will be found in the reasons supporting this order.
In view of the above decision taken by the respondent authorities, it is their duty to take a similar decision in similar facts.
I hold that the facts of this case are similar to those considered by the authorities earlier. The writ petitioner was appointed as an Overseer. He did the same kind of work as an Assistant Sub Engineer. Therefore, he had the technical competence of an Assistant Sub Engineer. He is entitled to be so appointed from the date of joining the post of Overseer.
In those circumstances, I direct the respondents No. 1, 3 and 6 to immediately request the Governor to approve the redesignation of the petitioner's post as Sub-Assistant Engineer from the date of his joining within eight weeks of communication of this order and take all steps for appointment of the petitioner to that post within 12 weeks of communication of this order. This redesignagtion will be made from this anterior date notionally and the petitioner will not claim any arrear salary. Thereafter the case of the petitioner will be considered for promotion to the post of Assistant Engineer in accordance with law by 30th September, 2016.
All the papers are before this Court. Affidavits were not invited. The allegations contained in the writ petition are deemed not to have been admitted.
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The writ application is thus disposed of.C.A.N. 4036 of 2014 is treated as on the list and also disposed of by this order.
Urgent certified photocopy of this order, if applied for, be supplied to the parties on priority basis.
( I. P. Mukerji, J.)