AMRITA SINHA, J. - (1.) A communication dated 9th August, 2017 by the Senior Personnel Officer/ Labour Advisor and Industrial Relations Officer, Kolkata Port Trust (KoPT for short) informing the petitioner that she is reverted from her post of Personnel Officer/Deputy Labour Advisor and Industrial Relations Officer to the post of Deputy Personnel Officer/Senior Labour Officer (IR) is under challenge in the present writ petition. By the said communication the petitioner was further informed that the private respondent no. 4 herein serving as Deputy Personnel Officer/Industrial Relations Officer is promoted to the post of Personnel Officer/ Deputy Labour Advisor and Industrial Relations Officer. The said promotion was in terms of the approved recommendation of the Review Departmental Promotion Committee (R-DPC for short) constituted pursuant to the recommendation of the Special Investigation Team (SIT for short) set up by the National Commission for Scheduled Castes (Commission for short) on a complaint of one Shri A.K. Sarkar, Deputy Personnel Officer/Industrial Relations Officer.
(2.) The post of Deputy Labour Advisor and Industrial Relations Officer/ Personnel Officer (Dy. LA and IRO/PO for short) is eyed by three contenders. Vacancy in the said post arose on 26th. June 2013. The vacancy is only one, unreserved, to be filled up on promotion by selection. The date of selection was fixed by the Departmental Promotion Committee (DPC for short) on 17th December, 2013 but the same got held up temporarily awaiting outcome of a writ petition which was filed by an employee of KoPT, though in respect of a different post, as to whether the new Regulation of 2013 or the previous Regulation of 1985 be applicable for filling up of vacancy which arose prior to the coming into effect of the new Regulation. In the said writ petition a direction was sought upon KoPT to follow the Regulation which was available on the date the vacancy arose.
(3.) The writ petition being W.P No. 59 of 2014 (Subhasish Bagchi -vs- Union of India and Ors.) was disposed of by this Court on 20th February, 2014 wherein the Court held that the Rules as applicable to the post on the date of vacancy would govern the filling up thereof and any subsequent amendment to the Rules would not be applicable thereto.;