- (1.) THE writ application bearing Writ Petition No.21394 (W) of 2000 is filed by the petitioners (hereinafter referred to as 'the promotees') challenging the appointment of the respondent Nos.6 to 30 to the post of Assistant Engineer (Civil), Calcutta Municipal Corporation as also to redetermine the inter se seniority of the petitioners vis -a -vis the respondent Nos.6 to 30.
(2.) THE writ application bearing Writ Petition No.936 of 2003 is filed by the petitioners (hereinafter referred to as 'the direct appointees') for setting aside of resolution dated April 30, 2003 adopted in the meeting of the Mayor -in -Council, Calcutta Municipal Corporation pertaining to the appointment/promotion of Assistant Engineers (Civil) under the Calcutta Municipal Corporation as also for promotion to the post of Executive Engineer (Civil) on the basis of the updated gradation list published on February 26, 2001. Since the subject -matter involved in both the aforesaid writ applications is the validity of the appointments of the direct appointees and/or determination of seniority of the direct appointees and the promotees, the aforesaid two writ applications are taken up for analogous hearing. The backdrop of the subject -matter involved in these writ applications in a nutshell is as follows: - The promotees/writ petitioners of Writ Petition No.21394(W) of 2000 were appointed to the post of Sub -Assistant Engineers (Civil) under the Calcutta Municipal Corporation with the qualification of diploma -holder in civil engineering on February 6, 1985 and January 30, 1985 respectively. They obtained graduate decree in engineering in 1988 -89 respectively. The recruitment regulation for the post of (i) Assistant Engineer (Civil), (ii) Assistant Engineer (Mechanical) and (iii) Assistant Engineer (Electrical) under all departments/offices/directorates of the Calcutta Municipal Corporation was framed by the competent authority in exercise of powers conferred by Section 20 read with Section 602 of the Calcutta Municipal Corporation Act, 1980 under Circular No.6 of 1987 -88 dated April 30, 1987 issued by the Calcutta Municipal Corporation (Personnel Department). Under the aforesaid Circular, Sub - Assistant Engineer (Civil) or holders of any other similar posts in the identical pay -scale possessing a diploma in civil engineering from the State Council for Engineering and Technical Education, West Bengal or its equivalent having ten years' experience were eligible for promotion to the post of Assistant Engineer (Civil). The general principle containing the mode of filling up of certain category of 'A posts' of Calcutta Municipal Corporation was approved by the Calcutta Municipal Corporation in its meeting dated February 18, 1992 which was circulated under Circular No.1 of 1991 -92 dated April 1, 1992 issued by the Calcutta Municipal Corporation, Personnel Department. Under the above general principles, all vacancies of Assistant Engineer and similar posts in the identical pay -scale under Calcutta Municipal Corporation Engineering Services should be filled up 50 per cent by promotion and 50 per cent by direct recruitment. Provided that not more than 50 per cent posts in a department should be filled up by direct recruitment.
(3.) CALCUTTA Municipal Corporation Services (Common Cadres) Regulations were framed by the competent authority of the Calcutta Municipal Corporation in exercise of powers conferred under Section 20 of the Calcutta Municipal Corporation, 1980 and it was circulated under Circular No.69 of 1994 -95 of the Calcutta Municipal Corporation, Personnel Department. Under the provisions of the aforesaid Circular, common gradation list referred to in the above regulations, the seniority of a person should be determined by the provisions of the Calcutta Municipal Corporation (Determination of Seniority) Regulations.;