A writ petition challenging altered weightage marks in promotion for specific diploma holders was dismissed as infructuous on facts ascertained, as most petitioners were found to be retired, deceased, or duly promoted.
The writ petition was dismissed as infructuous.
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14.09.2021 17 suman
Ct.09
WPA 9577 of 2003
Sibananda Bhattacharya & Ors. Vs.
Union of India & Ors.
Mr. Ranjay De Mr. Basabjit Banerjee …for the respondent Nos. 2, 3 and 4
None appears on behalf of the petitioners. Mr. Ranjay De along with Mr. Basabjit Banerjee, learned advocates are representing the respondents.
The writ petitioners are/were employees of United India Insurance Company Limited. Indisputably, the petitioners are diploma holders in computer application. Previously in case of promotion both the diploma holders and the employees having M.C.A. degree were awarded weightage of two marks. Subsequently, a policy decision was adopted by the respondents that the employees having M.C.A. degree would get weightage of ten marks while the diploma holders would get the weightage of two marks. According to the
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petitioners the aforesaid policy was arbitrary as the same policy creates unjust difference and inequality amongst the employees. The instant matter came up for hearing on 11th August, 2021 when this Court passed an order requesting the learned advocate for the respondents to submit a list as to whether the petitioners are still in service or retired on superannuation and secondly if they were duly promoted.
Today, the learned advocate for the respondents has submitted a list stating the present status of the writ petitioners. Out of 50 writ petitioners, 24 writ petitioners are still working. One writ petitioner has expired and others have retired on superannuation. The respondents, however, failed to submit any information in respect of writ petitioner Nos. 5, 9, 18 and 38. All the writ petitioners who were working as either assistant, senior assistant or stenographers were duly promoted to their next promotional post.
In view of such changed circumstances, the instant writ petition becomes infractuous and accordingly, the same is dismissed.
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The list of writ petitioners with their present posts in service as well as the date of superannuation, death etc. supplied by the learned advocate for the respondents be kept with the record.
(Bibek Chaudhuri, J.)
1 issue framed by the court
Whether the petition for redress regarding arbitrary weightage marks in promotion for diploma holders versus MCA holders remains maintainable given the changed status of the petitioners.
Sibananda Bhattacharya & Ors.
Union of India & Ors.
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
