Brijesh Kumar, J. - (1.) The present appeal is preferred against the judgment and order dated September 18, 1998 reported in (1998 (2) Cal HN 436) passed by a Division Bench of the Calcutta High Court, allowing the writ petition and setting aside the selection of the appellant for the post of Chief Municipal Engineer (Civil) of the Calcutta Municipal Corporation.
(2.) Whereas the S.L.P. No. 15062/98 is preferred against another judgment of the Calcutta High Court dated August 11, 1998, dismissing the writ petition filed by Subhendu Maiti and others challenging the same selection though on different grounds. Since both the matters relate to the same selection and for the same post, they have been listed and heard together. Hence, common order.
(3.) The post of Chief Municipal Engineer (Civil) fell vacant in Calcutta Municipal Corporation. The recruitment to such posts is made in accordance with the provisions of the Calcutta Municipal Corporation Act, 1980 and Calcutta Municipal Corporation (Recruitment of Officers Appointed by Mayor-in-Council) Rules, 1985. Section 14 of the Calcutta Municipal Corporation Act ('Act' for short) deals with officers and employees of the Corporation. Clause (f) of S. 14(1) provides for such number of Deputy Municipal Commissioner and Chief Municipal Engineers as the Mayor-in-Council may, from time to time, determine. Sub-sections (3) and (4) of S. 14 of the Act are quoted below : "(3) The other officers referred to in Cls. (e) to (j) of sub-section (1) shall be appointed - (a) by the Mayor-in-Council in consultation with the State Public Service Commission, or (b) by the State Government in consultation with the Mayor-in-Council, by Notification, from amongst persons who are or have been in the service of Government, if the Mayor-in-Council so decides. (4) The method of, and the qualifications required for, recruitment, and the terms and conditions of service including conduct, discipline and control of officers appointed by the Mayor-in-Council shall be such as may be prescribed. The posts of Chief Municipal Engineers are referable to Cl. (f) of sub-section (1) of S. 14. Hence the appointment to the said posts is to be made in accordance with Cls. (a) and (b) of sub-section (3) of S. 14.;