K.J.SENGUPTA AND PRASENJIT MANDAL, JJ. - (1.) WE have gone through the impugned judgment and order of the learned Tribunal and heard Mr. Roy Chowdhury and Mr. Basu in this matter. We are of the view that the order of the learned Tribunal does not call for any interference on the basis of materials placed before the learned Tribunal for the reasons stated hereunder.
(2.) THE applicant through intervention of the Court got the order of promotion from the post of Excise Constable to the post of Assistant Sub -Inspector of the Excise Department. After haying obtained the order of promotion, the applicant claimed for ante dating of the promotion, at least at par with Sri Bijay Kumar Bittal and Amarendranath Mandal, who were described by the applicant to be juniors in the order of promotion. So, the applicant filed a writ petition before this Court and in that writ petition prayer for ante -dating of promotion, vis -a -vis, fixing seniority at par with the said two persons was made. The said writ petition being Matter No. 1365 of 1987 was disposed of by the learned Single Judge of this Court by order dated 5th April, 1988, haying considered the records of the applicant as well as the aforesaid two persons.
(3.) AFTER considering all the aspects of the matter, learned Single Judge found that Sri Bijay Kumar Bittal as well as said Amarendranath Mandal were seniors to the petitioner. With the aforesaid observation, the said matter was disposed of ultimately by passing the following order: This order is passed without prejudice to the rights of the writ petitioner to make representation with regard to his claim for seniority on any other ground before the respondent Excise Commissioner arid if such representation is made the said respondent shall consider and dispose of the same according to law.;