Sambuddha Chakrabarti, J. - (1.) The petitioner who is an employee of the West Bengal Pollution Control Board (the Board, for short) was promoted by an order, dated February 27, 2013 to the post of Environmental Engineer. He says that his service conditions are guided by the West Bengal Pollution Control Board Employees' Service Regulation, 2009 which was framed in exercise of the powers conferred by Section 12 of the Water (Prevention and Control of Pollution) Act, 1974 (the Act, for short). In fact, the Board itself is a statutory body constituted under Section 4 of the Act. The promotion of the petitioner was sanctioned by the department of Environment, Government of West Bengal. His promotion was discussed and deliberated at the 156th meeting of the Board and in the 157th meeting of the Board held on September 30, 2013 the minutes of the previous meeting were confirmed.
(2.) The Board published a draft gradation list for the post of the Environmental Engineer and invited objections. By a subsequent memorandum, dated November 8, 2013, the gradation list was circulated as the final gradation list of the Environmental Engineers as on November 4, 2013 in which the name of the petitioner appeared at serial number 19. At present he is eligible for promotion to the next higher post of Senior Environmental Engineer.
(3.) The petitioner alleges that he was served with a memorandum, dated December 12, 2017 issued by the Member Secretary of the Board by which he was reverted to the feeder post of Environmental Engineer with effect from February 27, 2013. Such exercise had been undertaken on the basis of a memorandum, dated September 20, 2017 issued by the respondent no. 1, on the ground that the promotion granted in favour of the petitioner was based on an alleged erroneous procedure. The petitioner made a representation on December 18, 2017 the fate of which he remains still uninformed.;