Harish Tandon, J. - (1.) The Petitioner has challenged provisional gradation list dated March 22, 2017 on mere apprehension and she can be thrown out of zone of consideration for promotional post even if it is for reserved category. The challenge is basically thrown on the plea that there should be a separate gradation list for a general category, Schedule Caste and Schedule Tribe category and the other reserved categories and all such reserved category candidate should not be put into a single gradation list.
(2.) The facts emanate from the respective pleadings of the parties are that an advertisement was made in the year 2012 by the Municipal Service Commission to fill up 10 vacancies occurred in the post of Assistant Analyst in the Kolkata Municipal Corporation. The said advertisement envisaged, apart from the other, that three vacancies are reserved for Schedule Caste and Schedule Tribe candidates. The Petitioner applied as a Schedule Caste candidate and was adjudged as successful candidate, which would be evident from the panel prepared by the said Commission and the name of the Petitioner was at Serial No. 10 therein. The letter of appointment dated January 27, 2014 was issued to the Petitioner indicating that the said appointment is provisional and temporary depending upon the satisfying performance.
(3.) Undisputedly, the Petitioner was made permanent on 16.11.2016 to the said post and still continuing in service. One Dipak Pramanik, Deputy Analyst (Chemistry) attained superannuation on February 28, 2017 having promoted to such post on 27.05.2011. It is not in dispute that the said superannuated employee was promoted to the said post reserved for the Schedule Castes and Schedule Tribes as per 50 point roster as the deserving candidate under the aforesaid category was not found. According to the Petitioner, such vacant promotional post cannot thereafter be filled by the general category candidates as the vacancy, which arose in the year 2011 is required to be carried forward and can only be filled by the Schedule Caste candidates.;