SUBAL SAKHA MONDAL Vs. STATE OF WEST BENGAL
LAWS(CAL)-1995-9-3
HIGH COURT OF CALCUTTA
Decided on September 08,1995

SUBAL SAKHA MONDAL Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

SOMENATH MUKHERJEE AND ORS. V. STATE OF WEST BENGAL AND ORS. [REFERRED TO]
PREMANANDA PRAMANIK V. THE HON'BLE CHIEF JUSTICE HIGH COURT,CALCUTTA AND ORS.,BEING UNREPORTED DECISION OF THIS COURT IN C.O. [REFERRED TO]
PRAN KRISHNA GOSWAMI VS. STATE OF WEST BENGAL [REFERRED TO]
P D AGGARWAL VS. STATE OF UTTAR PRADESH [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. BALAMUSALAIAH [REFERRED TO]



Cited Judgements :-

BISHNU GOPAL LAHA VS. STATE OF WEST BENGAL [LAWS(CAL)-1998-8-37] [REFERRED TO]


JUDGEMENT

S.B.Sinha, J. - (1.)The petitioners who are three in numbers, have filed this writ application claiming inter alia the following relief:
"(a) A writ in the nature of mandamus directing the respondents and each one of them to promote the petitioners to the post of Upper Division Clerk with effect from 1st April, 1984 or 27.8.88 with all service benefits."

(2.)The grievance of the petitioners in short is that although they had been appointed long back and despite the fact that they are members of the Scheduled Caste, their case for promotion has not been taken for consideration although persons similarly situated, have been promoted long back.
(3.)Admittedly, the petitioners filed writ application in this Court which was marked as C.O. 7467 (W) of 1992. Paritosh Kumar Mukherjee, J. directed the learned District Judge to pass an appropriate order upon taking into consideration the relevant circulars issued by the Scheduled Caste and Scheduled Tribes Welfare Department. Learned District Judge by an order dated 31.3.93 which is contained in Annexure 'C' to the writ application, stopped all promotion inter alia on the ground that their case could not be considered in view of the fact that their position in the gradation list was 62, 81 and 65 respectively and in that view of the matter, they do not come within the purview of the requisite Zone of consideration.
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