B.C.Mitra, J - (1.) This is an appeal against a judgment and order of Sinha, J. dated June 4, 1964, whereby a rule nisi obtained by the appellant, in an application under Article 226 of the Constitution, was discharged.
(2.) The appellant's case as made out in the petition is that on November 29, 1943, he was appointed a Yard Clerk in the Transportation Section of the Traffic Department of the Commissioners for the Port of Calcutta, the respondent No. 1 herein. In December, 1945, he was promoted to the post of Upper Division Clerk and on June 8, 1951, he was confirmed in that post. The next higher post to which the Upper Division Clerks could be promoted was the post of Yard Foreman. The appellant had officiated for sometime in the post of Yard Foreman, but he came to know that one Sunil K. Roychowdhury who was appointed in 1945 to the post of Yard Clerk, Transportation Section, was likely to be promoted treating him as senior to the appellant, on the ground that the said Sunil K. Roychowdhury had been recruited in 1940 in the A.R.P. Unit in the port area. The promotion of Sunil K. Roychowdhury is alleged to have been made on the basis of a circular July 3, which is annexure 'A' to the petition.
(3.) It is alleged that by a circular dated July 10, 1940, employees of the respondent No. 1 were invited to volunteer for service overseas in the A.R.P. Dock Unit proposed to be raised by the army, and in the said circular it was stated that war service would count towards grade increment with the Commissioners, and that those who were temporary would be made permanent, before they went overseas.;