- (1.) BACKDROP: The West Bengal Industrial Development Corporation Limited is a Public Sector Undertaking. They have about fifty employees as we gather in Course of hearing. They did not have any proper promotional rules that would cause the controversy. The appellants before us, Shree Joydeep Majumder and Apurbo Banerjee were appointed as direct recruit Assistant Manager in 1992. They were subsequently re-designated as Deputy Manager in the cadre of class one officer level-V as per Appendix-I to the West Bengal Industrial Development Corporation Limited Stuff Regulation Corporation, 1975. The employees of the Corporation had been languishing in their respective posts for a long time and as a result, there had been a great resentment amongst the employees, the authority ultimately framed one-time promotional policy to ameliorate the grievance of the employees. As per the one-time promotional policy all employees languishing in the post for long, were given the higher post irrespective of their performance and /or status. In some cases supernumerary posts were created to accommodate the employees on promotion who could not otherwise be accommodated in regular posts. Joydeep Mojumder and Apurbo Banerjee were also accommodated. They accepted their promotion and then filed two writ petitions being W.P. No. 794 of 2010 and W.P. No. 143 of 2013, challenging such promotion to all and sundry as the regular promotee, could not be equated with direct recruits in the guise of onetime promotion policy. The junior officers and /or employees who served clerical posts could not be equated with them as they were recruited as Class-one officer. Joydeep Majumder and Apurbo Banerjee also filed a writ petition along with one Debjit Sur Roy Chowdhury, inter alia, challenging the gradation list, as according to them, those promotees could not be placed above them.
(2.) The conflict between the direct recruit officers and the stenographers designated as personal secretary started in 1984 when three junior officers filed a writ petition challenging such promotion. In 1990, the Board of Directors took a resolution authorizing the Managing Director to fill up the vacant posts at Deputy Manager and Manager level by promotion keeping the existing Recruitment Rules in abeyance. In 1992, Joydeep Majumder and Apurbo Banerjee were recruited as Direct Recruit Officers. In 2001 the promotions were given. Joydeep Majumder and Apurbo Banerjee did not complain. In 2009, the Corporation published the draft gradation list that became the subject matter of challenge in W.P. No. 2141(w) of 2010 as according to them; their representations had not been considered. During the pendency of the said representation selection committee gave promotion to all including Debjit Sur Roy Chowdhury and Apurbo Banerjee. They accepted the promotion and pursued the respective writ petitions as above. The learned Single Judge elaborately considered the issue and ultimately came to a conclusion that Joydeep Majumder and Apurbo Banerjee could not have any grievance. His Lordship dismissed the writ petitions. They also filed review application that the learned Judge dismissed. Being aggrieved, they preferred the respective appeals. In course of hearing, we came to know, W.P. No. 2141 of 2000 was also pending.
(3.) On perusal of the writ petition, we find, dispute between two groups would lie as per back in 1978. On a cursory glance to the representation that the appellants made before filing W.P. No. 2141 (w) of 2010, we find, the appellants apprehended, their seniority would be disturbed on finalization of the Draft Gradation List dated June 18, 2009. The authority gave personal hearing to the appellants on the objection on July 31, 2009. However, the Draft Gradation List is yet to be finalized. As observed hereinbefore, in 1975, the Corporation framed the Staff Regulation. In 1978, the Corporation issued an office order merging two groups of employees being junior officer subsequently designated as Assistant Manager and personal secretary later on designated as Assistant Manager (personnel). The members of the second group were stenographers, subsequently promoted as Assistant Manager (personnel). The Corporation decided to prepare the common seniority list. The Corporation prepared the combined seniority list in 1982 and in 1983, they decided to promote those employees on 50-50 ratio. In 1984, some of the employees filed a writ petition restraining the Corporation not to give effect to the combined seniority list and obtained ad interim order to the said effect. The writ petition of 1984 came to be disposed of vide order dated December 06, 2001 by which the learned Single Judge asked the authority to implement the policy decision resolved by the Corporation. Accordingly, the Corporation decided to promote on 50-50 basis and gave promotion accordingly. The appellants did not complain. Some of the employees became aggrieved, they filed another writ petition in 2002 that the learned Single Judge disposed of observing, the policy decision dated June 30, 1994 could not be given effect to in absence of the government approval. The Corporation took a further resolution in 2004 by promoting some employees. The appellants would claim, they were not qualified for the post. From time to time, the Corporation tried to fill up the post. Ultimately, in 2010, they framed the One-Time Promotion Policy and implemented the same.;