IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/1072/2023 Abdul Jaleel Vs. The Lieutenant Governor and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Rakesh Kumar Mr. Dibesh Dwivedi … for the respondents April 03, 2025 [SR] Item No.15 The present writ petition has been preferred praying for issuance of necessary direction upon the respondents to take steps for promotion of the petitioner to the post of Assistant Engineer (E&M) [hereinafter referred to as AE (E&M)] under the respondent no.3, being the Port Blair Municipal Council (hereinafter referred to as the said Council). Mr. Gopala Binnu Kumar, learned advocate appearing for the petitioner submits that the petitioner, upon completion of his Bachelor Degree in Engineering (Electrical and Electronics) applied for participation in the selection process for appointment to the post of post Junior Engineer (E&M) [hereinafter referred to as JE (E&M)] initiated by the concerned respondents on the basis of the Recruitment Rules (hereinafter referred to as the RRs) notified vide memo dated 21st May, 2012. The petitioner was found eligible and emerged to be successful in the selection process. Accordingly, he was appointed to the post of JE (E&M) on 7th January, 2013. Subsequent thereto, the post of AE (E&M) in the said Council fell vacant due to retirement of an employee on 31st May, 2019 and the respondents initiated steps to fill up the said post from amongst JE (E&M) as per seniority. Drawing attention of this Court to the documents annexed at pages 79 to 82, as obtained by the petitioner in response to an application under Right to Information Act, 2005, Mr. Kumar, submits that based on the proposal of the said Council, vide letter dated 20th January, 2021, a meeting of the Departmental Promotion Committee (in short, DPC) was held on 7th April, 2021. In the said meeting, the DPC, after going through the background note, the RRs, the APARs, vigilance clearance, integrity certificate and other relevant documents recommended the petitioner for promotion to the post of AE (E&M) on regular basis under the said Council as he had completed more than six years in the post of JE (E&M) and fulfilled all the criteria as mentioned in the RRs. However, in spite of such DPC recommendation, the concerned respondents did not take further steps for granting promotion and such inaction on the part of the respondents infringes the petitioner’s legal right. He argues that the scope and ambit of the writ petition preferred by Stanley James was limited to the issue as regards the reduction of the period of service required for Diploma holders from nine years to five years. The petitioner admittedly is a degree holder and as such for consideration of amendment pertaining to the tenure of service, the petitioner’s promotion cannot not be withheld moreso when favourable recommendation has been issued by the DPC way back on 7th April, 2021 and as admittedly the petitioner is at the top of the seniority list. Drawing the attention of this Court to the RRs and the note sheet annexed at page 59, Mr. Kumar submits that an employee preferred a writ petition and contending that a degree in mechanical/ electrical/ automobile as notified to be the essential qualification for the post of JE (E&M) is not equivalent to a degree of Electrical and Electronics. Though the writ petition was ultimately dismissed, the authority sought for an opinion as regards equivalence of the said qualification from an expert body. The document at page 28 would reveal that the said expert body opined that ‘the students having Degree in Electrical & Electronics Engineering can be considered for appearing in the selection process meant for Electrical Engineer’. The said opinion was also accepted by the Administration, as would be explicit from the document annexed at page 29. Mr. Kumar further submits that even if the RRs for appointment are amended, the same would be prospective in nature and cannot affect the promotion of the petitioner as per the existing RRs. In support of such contention, he has placed reliance upon an office memorandum dated 10th April, 1989. Mr. Dibesh Dwivedi, learned advocate led by Mr. Shatadru Chakraborty, learned senior counsel, appearing for the Administration submits that one Mr. Stanely James preferred a writ petition being WPA/745/2023 with a prayer to amend the RRs dated 21st May, 2012 for the post of AE (E&M) by replacing nine years of qualified service required for promotion to the said post with five years qualifying service for diploma holders. By an order dated 16th October, 2023, the writ petition was disposed of directing the respondents to take a prompt decision for amendment of the RRs and it was also observed that any promotion in respect of AE (E&M) shall abide by the result of the alleged amendment of the RRs. In midst thereof, the Deputy Secretary of the Administration forwarded the DPC’s recommendation in respect of the petitioner to the Hon’ble Lieutenant Governor vide memo dated 18th March, 2021. The said memo was replied to intimating the observations made by the Hon’ble Lieutenant Governor. The said observations and queries were responded to by the said Council vide memo dated 22nd April, 2022. Subsequent thereto, in view of the order passed by the Hon’ble High court in WPA/745/2023, steps are being taken. As such process is continuing, the post of AE (E&M) has not yet been filled up. In reply, Mr. Kumar submits that the vacancy in the post of AE (E&M) occurred on 31st May, 2019 and the same requires to be filled up on the basis of the RRs existing on the said date. Necessary follow up steps were also taken to conclude such promotional process and DPC was conducted on 7th April, 2021. In view thereof, the petitioner’s promotion to the vacant post cannot be kept abeyance on a purported plea that steps are being taken by the respondents for amendment of the RRs. Heard the learned advocates appearing for the respective parties and considered the materials on record. Indisputedly the petitioner is the senior most JE (E&M) working under the said Council. He has a Bachelor degree in Electrical and Electronics. The DPC has also recommended the petitioner’s claim for promotion after considering the RRs, APARs, vigilance clearance, integrity certificate and other relevant records pertaining to the petitioner. In view thereof, the petitioner’s eligibility for promotion is not in doubt. The only reason for which such promotion has been withheld appears to be that a decision pertaining to amendment of the existing RRs is under consideration of the competent authority. Such reasoning is not acceptable to this Court since even if the RRs are amended, the same would be prospective in nature and even if the amendment as sought for by Stanley is undertaken, such amendment cannot render the petitioner ineligible since the amendment sought for is not in respect of the qualification but in respect of the service period of a diploma holder to be appointed from the post of JE (E&M). The office memorandum dated 10th April, 1989 also categorically states that ‘a vacancy shall be filled in accordance with the recruitment rules in force on the date of vacancy’. For the reasons discussed above, this Court directs the respondents to take necessary steps and grant promotion of the petitioner to the post of AE (E&M), as recommended by the DPC on 7th April, 2021, within a period of eight weeks from the date of communication of this order. With the above observations and directions, the writ petition is disposed of. There shall, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for, shall be supplied to the parties as expeditiously as possible, upon compliance of all formalities. ( Tapabrata Chakraborty, J. )