Arijit Banerjee,J. - (1.) These two writ petitions were taken up for hearing together and are being disposed of by this common judgment and order. In WP No.1209 (W) of 2014 (in short, the first writ petition ), the petitioners have prayed for a writ in the nature of mandamus commanding the respondents to implement the order of the Vice-Chancellor of the Bengal Engineering & Science University (in short BESU ), Shibpur, Howrah, dated 11 July, 2013. In WP No.14012 (W) of 2017 (in short, the second writ petition ), the petitioners have prayed for quashing of Office Order No.2375/D(AA)/17 dated 5 May, 2017, issued by the Assistant Registrar, Indian Institute of Engineering, Science & Technology (in short, IIEST ), Shibpur, Howrah, on the basis of the directive of the Director, IIEST, Shibpur. IIEST is the successor-ininterest of BESU. The undisputed facts of the case leading to these writ petitions are as follows.
(2.) At all material times, the petitioners were employees of BESU. They were direct recruitees. The petitioners first approached this Court by filing WP No.20396 (W) of 2011 ( Biplab Mukherjee & Ors. v. State of West Bengal & Ors. ) challenging an alleged anomaly in the Gradation List published in respect of the employees of BESU. By an order dated 18 January, 2012, this Court held that preparation of Gradation List is essentially the job of the University and the High Court under Article 226 of the Constitution of India cannot interfere for the purpose of setting aside such a Gradation List as it would entail going into facts of each individual for assessing their inter se seniority. This Court granted liberty to the petitioners to move the Vice-Chancellor of BESU and appraise him of their grievances by filing a fresh representation. The Vice-Chancellor was directed to consider such representation on its own merits by passing a reasoned order in accordance with law.
(3.) Pursuant to the said order, the petitioners made a fresh representation dated 29 March, 2012 to the Vice-Chancellor of BESU. By a detailed order dated 11 July, 2013 the Vice-Chancellor disposed of such representation. In the said order it was observed, inter alia, as follows: " 5. Creation of supernumerary or ex-cadre posts at different tiers for promotion of absorption government employees and for promotion of employees directly recruited by the University a) Some supernumerary (or ex-cadre) posts at different tiers should be created for (i) Absorption of erstwhile allotted government employees in University service, their merger in common gradation list and subsequent promotion to higher promotional post. (ii) Promotion of employees directly recruited by the University when, in a tier of the cadre, some absorbed employees are in position in some or all of regular promotional posts within the subdivided quota of posts (allocated for employees directly recruited by University) in that tier. b) Following should be the conditions for creation of these supernumerary posts: (i) These supernumerary posts will not be regular sanctioned posts of the University but are excadre posts. (ii) A supernumerary promotional post would be personal to the concerned promoted employee. Till he/she holds any post in any tier of the cadre in supernumerary capacity, the last regular post held by the promoted employee shall remain vacant if the post in the base tier or the vacancy shall be dealt as temporary if the post is in a promotional tier. (iii) A supernumerary promotional post relinquished by an existing incumbent, on account of his/her shifting to regular promotional post in the same tier or promotion to regular post in next higher tier or resignation or superannuation or death or otherwise, shall be abolished. (iv) Not to create supernumerary post in a tier unnecessarily when there is/are vacancy/vacancies of regular posts of that promotional tier. (v) When there is no employee eligible for promotion, as per rules, in either of the abovementioned notional group-lists of a tier in the cadre, the entire vacant promotional posts in the next higher tier shall be filled in the from eligible employees of the other group-list of the same tier following rules/norms issued by the Government for state-aided universities in this behalf and reservation policy of the State. (vi) Any sanctioned regular promotional post of a given tier, within the quota notionally allocated for employee directly recruited by the University, left vacant after lateral shifting of such directly recruited employees from supernumerary posts to regular posts and after grant of promotion as per rules to eligible such directly recruited employees shall be filled in lateral transfer of absorbed employees from supernumerary post to regular post. .......................... 9. Supernumerary promotional post of employees directly recruited by University a) To make promotional prospects, of employees directly recruited by the University at par with employees of other State-aided universities some supernumerary promotional posts in any tier may be created for employees directly recruited by the University, as and when required to fulfillment of the following two conditions (i) The number of employees in the lower/feeder tier eligible for promotion, as per rules, exceeds available vacant regular posts within the respective subdivided quota in the promotional tier, and (ii) In the promotional tier, one or more of erstwhile allottees are in position in posts within subdivided quota of regular promotional posts allocated for employees directly recruited by the University. b) However, at any time the number of such supernumerary promotional posts in a tier, for employees directly recruited by the University, shall be limited to the number of absorbed employee placed in position in promotional posts, in that tier, allocated for employees directly recruited by University. c) Promotion to such supernumerary promotional posts shall be made, from eligible employees directly recruited by the University, following rules/norms issued by the Government for state-aided universities in this behalf and reservation policy of the State Government. " ;