Sambuddha Chakrabarti, J. - (1.) The petitioners, 31 in number, have challenged the validity of the gradation list published by the respondents on July 26, 2016. They have inter alia prayed for setting aside and quashing of the said gradation list and preparing a fresh gradation list of Technical Assistants (Civil), (TA, for short) by restoring seniority of the petitioners over the private respondents.
(2.) The case of the petitioners, in short, is that they are members of Scheduled Caste, Scheduled Tribes, O.B.C., and persons in Physically Handicapped categories. The respondents nos. 4 to 31 are the employees of Kolkata Metropolitan Development Authority (KMDA, for short) who have been given higher places in the seniority/gradation list of TAs in the civil wing.
(3.) In the year 2007 KMDA invited applications for filling up the posts of TAs against the total vacancies of 127 posts. The petitioners along with others applied and a panel of 91 selected candidates was prepared and published on May 2, 2008. Ultimately, the petitioners joined the said posts between July 29, 2008 and September 3, 2008. The petitioners have given a breakup of the panel of 91 selected candidates, viz., 51 belonging to the General Category, 20 belonging to the S.C, 8 belonging to the S.C (E.C) and others. The private respondents who belonged to the General/Unreserved category also participated in the selection process pursuant to the advertisement; but their names were not included in the panel of the selected candidates.;