Satyabrata Sinha, J. - (1.) The petitioner in this application has, inter alia, prayed for issuance of a writ of or in the nature of mandamus directing the respondents to withdraw the orders dated 11-3- 97 and 20-3-97 as contained in Annexures 'D' and 'F' to the writ application whereby and where under he was placed in the category of Supervisor Grade-1 instead in place of Supervisor Grade-4.
(2.) The admitted fact of the matter is as follows:- The petitioner was appointed as Crane Operator Grade-1. At the time of his appointment he had passed Class-IX examination. Keeping in view the fact that there was no chance of his promotion in the department in which he was working, he sought for a voluntary transfer to another department. He, in the meantime, also enhanced his qualification and obtained National Council for Vocational Training certificate which is essential criteria for promotion to the Supervisor grade. The petitioner contends that as he was entitled to promotion to the Grade W-10, in view of the existing policy decision which was circulated by reason of a circular letter with approval of the competent authority, he became entitled to be promoted to S-4 directly. However, he had been promoted to the Supervisory Grade- 1 only on the basis of a purported inter office Memo issued by the Deputy General Manager to Head of Personnel as contained in Annexure 'B' to the affidavit-in-opposition.
(3.) Mr. Sarkar, the learned Counsel appearing on behalf of the petitioner submits that keeping in view the fact that a circular letter had been issued with approval of the competent authority in terms whereof those working in W-7 was to be promoted to Supervisor Grade-1 post, W-8 to Supervisor Grade-2, W-9 to Supervisor Grade-3 and W-10 to Supervisor Grade-4 post, the petitioner instead and place of being posted as Supervisor Grade-1 was entitled to be posted as Supervisor Grade-4. According to the learned Counsel, the said purported inter office Memo dated 25-5-95 as contained in Annexure 'B' to the writ application cannot supersede the policy decision adopted by the respondents.;