ARIJIT BANERJEE,J. - (1.) In this writ application the petitioner prays that the respondents be directed to give him promotion on the basis of his seniority as calculated on and from 4 July, 1984 and also all consequential and other service benefits. Contention of the petitioner:-
(2.) Learned Counsel for the petitioner submitted that the petitioner was appointed as a Medical Officer of the respondent Corporation (in short KMC) on 4 July, 1984 in terms of sanction of the administrator dated 29 June, 1984. On 21 August, 1986 the petitioner was made an Epidemic Officer in terms of the Municipal Commissioner's sanction dated 13 August, 1986. On and from 21 October, 1987 the petitioner rendered service as a Medical Officer (Epidemic Control). The ad hoc appointment of the petitioner to the post of Medical Officer (Epidemic Control) was confirmed with effect from 30 January, 1988. By an office order dated 28 February, 2012, the OSD & DMC (Personnel) promoted the petitioner and five other Medical Officers to the post of Executive Health Officer under the Health Department.
(3.) Learned Counsel for the petitioner submitted that though two disciplinary proceedings had been initiated against the petitioner, none of them was pending at the time of issuance of the office order dated 28 February, 2012 whereby the petitioner was promoted to the post of Executive Health Officer. It was specifically mentioned in the said office order that promotion of the petitioner is to be given effect after fixing up his pay in terms of the orders of the Disciplinary Authority dated 11 January, 2001 and 11 May, 2011.;