Ghose, J - (1.) This appeal is directed against an order and/or judgment dated 3rd August, 2006 passed by the learned Single Judge.
(2.) On 13th February, 1998 the petitioner joined as a Group-D employee in the Calcutta Telephones. The Department of Telecommunications was amalgamated/merged into BSNL with effect from 1 st October, 2000. The writ petitioner was absorbed in BSNL on 1st October, 2000. Applications were invited to promote eligible Group- D employees in the cadre of Telecom Mechanic (Group- C) by the respondents (the appellant herein) on 18th March, 1999.
(3.) The case of the writ petitioner in the writ petition being W.P. No. 16252(W) of 2005 that he was qualified on 1 st May, 1999 in the screening test for recruitment to the cadre of a Telecom Mechanic from his original Group- D post. Thereafter, on 1st February, 2000, the Government of India, Ministry of Communications, Department of Telecommunications, Office of the Chief General Manager, Calcutta Telephones published "eligible" list of "selected Telecom Mechanics" who had qualified from Group-D. The name of the petitioner was included in the said list. It further appears that the writ petitioner specifically pleaded in the writ petition which reads as follows :- "9. That thereafter, qualifying screening test has been conducted amongst the Group-D employees who have applied for promotion to the post of Telecom Mechanic on 1.5.1999. Your petitioner successfully came out from the said selection test and thereafter, Assistant General Manager (R & E), Calcutta Telephones under his memo dated 01.02.2000, published the names of successful candidates. In the said panel, your petitioner's name has been placed against serial No. 711";