- (1.) When the case was called on, Mr. Neogi, learned counsel appearing on behalf of the petitioner submitted that subsequent event has occurred, namely, his client has been promoted on ad hoc basis. The learned counsel contents that his client will retire on and from 1st December, 2000 and as he has been holding the promotion post for a period less than one year in terms of regulation 7(a) of the West Bengal Public Service Commission (Exemption from Consultation) Regulation, 1955 would clearly be attracted in his case. The learned counsel, therefore, submits, that a direction be issued upon the State of West Bengal to consider the petitioner's case from that angle. Having regard to the decision of the Apex Court in the case of L. Chandra Kumar v. Union of India, 1997 2 SCT 423 this Court cannot consider the submission of Mr. Neogi on merit, inasmuch, as the question as to whether regulation 7(a) of the West Bengal Public Service Commission (Exemption from Consultation) Regulations, 1955 would attract in the instant case or not will have to be adjudicated first by the West Bengal State Administrative Tribunal.
(2.) We may observe that having regard to the statement made at the Bar it may be appropriate if the State of West Bengal/competent authority considers the matter, if any representation is filed in this regard by the petitioner, and pass an appropriate order at an early date. This application is disposed of with the aforementioned observation.;