A.K. Ganguly, J. - (1.) The subject matter of challenge in this writ petition is n judgment and order dated 26September, 2001 passed by the West Bengal Administrative Tribunal (hereinafter referred to as (he 'said Tribunal') in Transferred Application (TA) No. 1602 of 1997. By the said judgment and order the Tribunal was pleased to dismiss the T.A.
(2.) By filing the T.A. the writ petitioner, who was the applieant before the Tribunal, challenged the promotion given to the respondent No. 5, the private respondent, to the post of Telephone (Operator Grade - I. The Tribunal was, inter -alia, pleased to hold that the writ petitioner was definitely senior to the private respondent No. 5 and the qualifications of the writ petitioner are better. But the Tribunal came to the conclusion that in the matter of promotion seniority or better qualification has nothing in connection with promotion to the category of post to which promotion has been given. The Tribunal further came to the conclusion that promotion has been given by the respondents correctly and after considering various aspects of the matter and the rules and provisions of West Bengal Scheduled Castes and Scheduled Tribes (Reservation of Vacancy of Services and Post) Act, 1976, the Tribunal refused to pass any order in favour of the petitioner.
(3.) The Tribunal also found that the name of the private respondent No. 5 appears at serial No. 5. As such she was within the zone of consideration. Even that the Tribunal came to the finding that the Scheduled Castes and Scheduled Tribes Depnrlmenl made clear observation that material dale of consideration shall be a deciding factor and not the date of occurrence of vacancy regarding the eligibility of candidates for promotion. Proceeding on the aforesaid basis the Tribunal had that in the instant case vacancy of promotion occurred on 01/11/1994 and the consideration was made on 24/4/1995 when respondent No. 5 was confirmed and eligible for consideration as a reserved candidate and there is no dispute about: the status of private respondent No. 5 that she belongs to Scheduled Caste category.;