ASHIM KUMAR BANERJEE, J. - (1.) The respondent was a 'Lower Division Clerk' in Bankura Sammilani Medical College. The State invited options for the post of 'Caretaker' from the Lower Division Clerks, working in Health Services, having five years experience. The respondent opted for the said post of 'Caretaker'. He was given the post of Caretaker and was asked to join Burdwan Medical College, wherefrom he retired from service in 2000. He did not get any single promotion. According to him, had he been in service of Lower Division Clerk, he would have got promotion to the post of 'Upper Division Clerk'. His prayer for promotion was rejected by the Authority on two counts:- i) He was given 'New Intermediate Selection Grade', (hereinafter referred to as the NISG) Scale in lieu of promotion; ii) His past service of Lower Division Clerk could not have any bearing in the post of Caretaker.
(2.) He challenged the reasoned order before the Tribunal. The Tribunal rejected both the contentions of the State and set aside the reasoned order and directed the State to consider him for promotion to Grade-II or Grade-I, as would be admissible to him, taking into account his past service as Lower Division Clerk. The Tribunal also observed that he would be entitled to arrears as may be admissible with effect from the date of filing the writ petition on March 29, 1996.
(3.) Being aggrieved, the State has approached us by filing the instant application.;