MUKUNDA MURARI SHAW Vs. K SEN MEMBER BOARD OF REVENUE WEST BENGAL
HIGH COURT OF CALCUTTA
MUKUNDA MURARI SHAW
K SEN MEMBER BOARD OF REVENUE WEST BENGAL
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(1.)THIS is an appeal by the petitioner appellant Mukunda Murari Shaw. He made an application under Article 226 of the Constitution. He was a permanent Computer in the office of the Director of Land Records and Survey, West Bengal. The Director, Land Records and Survey, made an order on the 15th May, 1959, appointing Shri Jogesh Chandra Bhadra, permanent Computer, as Head Computer on probation for one year. This was supposed to be in supersession of the rights and legitimate claims of the appellant applicant. He appealed to the Board of Revenue and the Board of Revenue rejected his appeal. Hence this application for a Rule under Article 226 of the Constitution.
(2.)FULL use was made by the appellant of the fact that he was senior to Shri Bhadra with reference to the dates of the substantive permanent appointments. It was argued that the supersession without giving an opportunity to the appellant to explain the adverse remarks in the confidential reports violates Article 311 (2) of the Constitution.
(3.)IN the first place the appellant cannot show that there is any statutory provision to the effect that he has a right to promotion. A legal right to promotion unless backed up by statutory provisions and rules cannot he considered under Article 226 of the Constitution. There is no cause of action. If a senior person is superseded in the matter of promotion, there are ample authorities to support promotion for instance, (1) High Court v. Amalkumar, A. I. R. 1962 S. C. 1704, (2) Sant Ram v. State of Rajasthan, A. I. R. 1967 S. C. 1911. The appellant has failed to show any rules of statutory force upon which he can find a legal claim to be promoted on the strength of seniority alone. There is no statutory rule conferring a legal right to promotion by way of seniority. It is true that the appellate authority has considered the appellant as not being eligible for promotion to the higher grade because of the adverse remarks in his confidential roll as being "too green" and not at all "useful rather a burden of the computation section". For the purpose of promotion as between persons of same rank the confidential character roll can be examined by promoting authorities and there is no obligation to give notice to persons concerned about the confidential reports unless Special Statutory Provision or rules provide for it.
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