NAZRUL ISLAM Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2019-4-233
HIGH COURT OF CALCUTTA
Decided on April 17,2019

NAZRUL ISLAM Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Subrata Talukdar, J. - (1.) Under challenge in this writ petition is the tweak to the promotional exercise sought to be given by the Respondents/ the Nadia Zilla Parishad (NZP) in cahoots with the Department of Panchayats and Rural Development (DPRD) to the post of Head Assistant (HA) from the feeder post of Upper Division Assistants (UDAs).
(2.) The petitioner alleges that the above referred Respondents are illegally attempting to interpret and thereby modify the clear provisions of the West Bengal (Recruitment and Conditions of Appointment of Employees of Zilla Parishad) Rules, 1997 (for short the 1997 rules). The petitioner submits through Mr. Debabrata Saha Roy, Learned Counsel, that Rule 4 (VII) (b) of the 1997 Rules provides for promotion to the post of HA from UDAs and Accountants solely on the principle of Merit-cum-Seniority.
(3.) It is submitted that the selection examinations in terms of the 1997 Rules was held on the 4th of December, 2016 by the Zilla Parishad Staff Recruitment Committee (for short the Recruitment Committee or RC). The petitioner was placed at the top of the panel and therefore the Recruitment Committee at its meeting held on 7th March, 2017 approved a panel of three, simultaneously recommending the name of the petitioner to the Artha Sanstha Unnayan O Parikalpana Sthayee Samity (for short the Samity) for promotion.;


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