An appeal against the dismissal of a writ petition concerning promotion from peon to Record Keeper. The Division Bench found the appellant was too low in seniority to be aggrieved, following a coordinate bench order dismissing an identical appeal by a similarly situated employee, and dismissed the appeal.
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APOT/55/2021 WITH WPO/170/2020 IA NO. GA/1/2021
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction ORIGINAL SIDE
GOPAL CHAKRABORTY
-Versus-
THE STATE OF WEST BENGAL AND ORS.
BEFORE :
THE HON’BLE JUSTICE SURYA PRAKASH KESARWANI
And
THE HON’BLE JUSTICE RAJARSHI BHARADWAJ Date : 5th April, 2024
Appearance: Mr. Debdutta Basu, Adv. ...for the appellant.
Mr. Niladri Bhattacharjee, Adv. Mr. Deblina Chattoraj, Adv. Ms. Angana Dutta, Adv. Mr. Pratik Acharjee, Adv. … for the respondent nos. 2-6.
applicant/appellant and Ms. Deblina Chattoraj, learned counsel for the respondents.
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20 others) as well as dismissal of writ petition no.194/2016 as infructuous.
herein has been much lower in seniority and thus was not even eligible for consideration in the matter of promotion in question from the post of peon to the post of Record
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Keeper. Since the appellant herein cannot be said to be an aggrieved person particularly in view of the Coordinate Bench decision dated 2nd January, 2020 in APO/384/2018 (Subhasish Roy Chowdhury Vs. The State of West Bengal and Others) passed in the matter of a similarly situated person, therefore, we do not find any illegality in the impugned order passed by the learned single Judge dismissing both the writ petitions of the appellant herein. The impugned order passed by the learned single Judge contains sufficient reasons and we do not find any infirmity in it.
(SURYA PRAKASH KESARWANI, J.)
(RAJARSHI BHARADWAJ, J.)
mg
1 issue framed by the court
Whether the appellant, low in seniority and ineligible for promotion from peon to Record Keeper, was an aggrieved person entitled to challenge the promotion.
Colour shows how this judgement treated each authority
Subhasish Roy Chowdhury Vs. The State of West Bengal and OthersRelied on¶3
APO/384/2018 (Subhasish Roy Chowdhury Vs. The State of West Bengal and Others)
Gopal Chakraborty
The State of West Bengal
Respondent nos. 2-6
Surya Prakash Kesarwani
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
