ANIRUDDHA BOSE,J. - (1.) The writ petitioners before me is an Association of Court employees and Joint Secretary of the South 24- Parganas district committee of the said Association. Their complain is over a recruitment process in the judgeship of 24-Parganas South for which interview is likely to be held on 19th February, 2012. The claim of the petitioners is that the selection process is flawed in that it is contrary to the recommendation of the Shetty Commission. The defect pointed out on behalf of the petitioner is that as per the recommendation of Shetty Commission, for promotion to the posts in Group-C, all Group-D employees would be eligible for consideration whereas in this case only two categories of Group-D employees, being Peons and Orderlies are being permitted to participate in the selection process.
(2.) The order by which such recruitment process is being conducted was published on 1st February, 2011, as it appears from annexure "P2" to the writ petition. Mr. Ghosh, learned Counsel appearing for the High Court Administration submits that this selection process is for direct recruitment to the posts in question on the basis of advertisement issued on 6th July, 2011. The conditions for promotion of Group-D employees thus, according to him cannot be applied for filling up the posts on the basis of direct recruitment.
(3.) Mr. Talukdar, learned Counsel appearing for the State respondents raises the question of maintainability of the writ petition as it is filed by an association, and not any individually aggrieved employee. He also submits that so far as promotion of Group-D employees is concerned, that process is being implemented in accordance with the recommendation of said Commission. The petitioner admittedly has approached this Court very late. Thus at this stage, I do not think on consideration of balance of convenience and/or inconvenience any interim order can be passed. Prima facie, a case has been made out on behalf of the administration that there was no breach of the recommendation of Shetty Commission. Thus I decline to pass any interim order in this mater.;