M.M. Dutt, J. - (1.) These two appeals have been preferred by the Calcutta Metropolitan Development Authority, hereinafter referred to as the CMDA, and its Chief Executive Officer against the judgment of a learned single Judge of this Court, whereby the learned Judge has made absolute the Rules Nisi issued on the applications of two sets of petitioners, one set being the respondents Nos. 1 to 11 in F.M.A.T. No. 409 (209?) of 1982 and the other being respondents Nos. 1 to 9 in F.M.A.T. No. 210 of 1982. In both the writ petitions, the petitioners challenged the validity of the resolution of CMDA passed at its 63rd meeting held on Sept., 3, 1979 in so far as the same laid down the weightage formula for the benefit of deputationists affecting the seniority of the directly recruited employees of the CMDA.
(2.) The CMDA was established and/or created by the Calcutta Metropolitan Development Authority Act, 1970. The said Act was subsequently substituted or replaced by the West Bengal Act XI of 1972. The CMDA is a statutory body and a body corporate with perpetual succession and a common seal and has the power to acquire, hold and dispose of property and enter into contracts subject to the provisions of the Act and can sue and be sued in its name. The purposes for which the CMDA has been created are formulation and execution of plans for the development of the Calcutta Metropolitan Area, the co-ordination and supervision of the execution of such plans and matters connected therewith or incidental thereto. In 1974 the CMDA, in exercise of its power conferred by Section 22 of the Act, framed regulations called Calcutta Metropolitan Development Authority (Recruitment) Regulations, 1974, hereinafter referred to as the Recruitment Regulations. Regn. 4 provides as follows : "4. Methods of Recruitment:- Posts under the Authority shall be filled by - (1) direct recruitment, or (2) promotion, or (3) obtaining suitable employees on deputation from the Central or the State Government, or any Statutory or Local Authority or public sector undertaking; as the authority may in each case decide; Provided that the appointing authority may, in the absence of any decision of the Authority in respect of any case, fill up any post in his discretion by any of the above methods."
(3.) On Feb. 22, 1977, the CMDA at its 51st meeting made some amendments to the Recruitment Regulations. Regn. 11 was numbered as Regn. 12 and a new Regn. 11 was incorporated. The Regns. 11 and 12 are as follows : "11. Absorption of deputationist (1) Notwithstanding anything contained in these regulations, the appointing authority may, in the exigencies of works, absorb in the service of the Authority an employee obtained on deputation in terms of Regulation (4); Provided that no employee on deputation shall be absorbed in a post superior to the one held by him immediately prior to such absorption. (2) Selection of an employee to be absorbed under sub-regulation (1) shall be made on the recommendation of the special Selection Committee formed under sub regulation (3); Provided that the appointing authority may not in a particular case, for good and sufficient reasons to be recorded in writing, accept the recommendations of the Committee and may in that case refer the matter to the Chairman if the post in which absorption is proposed carries a pay or scale of pay the maximum of which does not exceed Rs. 1,500/- per month or to the Authority if the post in which absorption is proposed carries a pay or scale of pay the maximum of which exceeds Rs. 1,500/- per month and the decision of the Chairman or the Authority, as the case may be, thereon shall be final. (3) The Authority shall from time to time constitute, by general or special orders, Special Selection Committees for different categories of posts. Each Committee shall consist of a Chairman and such other number of members, being not less than two and not more than four, as may be deemed fit. In the case of difference of opinion among the members, the decision of the majority shall prevail. In the case of equality of votes, the Chairman of the Committee shall have a casting vote in addition to his own. (4)(i) In determining the fitness of a candidate for absorption, the Committee shall take into consideration the following:- (a) The Annual assessment reports of the employee; (b) Recommendations of the Head of Unit or in the case of the Head of Unit himself, the recommendation of his immediate superior; (c) Reports regarding disciplinary actions if any, taken against the employee or any other report concerning him. (ii) If the Committee is of opinion that from the various reports referred to in clause (i) of this sub-regulation, it is not possible to make any recommendation it may interview the candidate or take any or all the' measures enumerated in sub regulation (2) of regulation 9; (5) The period of service rendered by an employee, absorbed in the service of the Authority in terms of sub-regulation (1), during the period of deputation shall be counted for the purpose of confirmation, leave, seniority and membership to the Contributory Provident Fund in such manner as may be laid down by the Authority by a general or special order. 12. Relaxation - Nothing in these regulations shall be construed to limit the power of the Authority to dispense with or relax the requirement of any of these regulations to such extent and subject to such conditions as the Authority may consider necessary for dealing with a case in a just and equitable manner and for exigencies of work.";