Calcutta High Court (Appellete Side)
(Bd) vs The State Of West Bengal & Ors on 12 December, 2019
Author: Amrita Sinha
Bench: Amrita Sinha
1
12th December, W.P. 21402 (W) of 2019
2019
(17)
Kartick Chandra Mukherjee
(BD) -vs-
The State of West Bengal & Ors.
Mr. Manas Kumar Ghosh
Mrs. Sumita Dey (Basu)
... for the petitioner.
Mr. Lalit Mohon Mahata
Mr. P.B.Mahata
... for the State
The name of the petitioner was recommended for promotion from the post of
Office Peon Grade -I to the post of Process Server. The Judge, 24 Parganas, 1st
Special Court Alipore, forwarded the name of the petitioner to the Judicial
Department for taking necessary action in the matter. The Joint Secretary,
Judicial Department by a communication bearing Memo No. 278-JD/X/1E- 33-
2018 dated 23rd October, 2019 intimating the District Judge, South 24 Parganas,
Alipore, that the Judge, 24 Parganas, 1st Special Court Alipore, Kolkata, is the
competent authority to dispose of the case of the petitioner. The petitioner prays
for a direction upon the Judge, 24 Parganas, 1st Special Court Alipore, Kolkata,
for considering the prayer of the petitioner for promotion to the post of Process
Server.
The learned advocate representing the State respondents submits that
necessary direction be passed upon the Judge, 24 Parganas, 1st Special Court Alipore, for taking a decision in the matter.
In view of the submission made hereinabove, the instant writ petition is disposed of by directing the respondent no. 4, being the Judge, 24 Parganas, 1st Special Court Alipore, Kolkata, to take a decision with regard to the prayer of the 2 petitioner for promotion from the post of Office Peon Group-I to the post of Process Server. Such decision shall be taken within a period of five weeks from the date of communication of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner within a period of fortnight thereafter.
It is made clear that this Court has not gone into the merits of the case and all points are left open to be decided by the said respondent at the time of considering the prayer of the petitioner.
The writ petition being W.P. 21402(W) of 2019 is disposed of.
Urgent certified photocopy of this judgement, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities.
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