Writ petition for direction to promote the petitioner. Petitioner denied rejection of past claim. Court directed respondents to consider promotion claim with a hearing and pass a speaking order within eight weeks.
Directions given to respondents to consider petitioner's promotion claim, allow hearing, and pass speaking order within eight weeks.
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WPSS No. 658 of 2006 Hon’ble Kalyan Jyoti Sengupta, J.
Mr. M.C. Kandpal, Senior Advocate assisted by Mr. S.S. Chaudhary, Advocate for the petitioner.
Mr. B.P.S. Mer, Brief Holder for the State.
This petition is taken out for a direction upon the respondents to promote the petitioner on the post of Draughtsman. It is submitted that the promotional post is still lying vacant and it has not been filled as yet. It is submitted by the learned counsel for the respondents that petitioner’s claim for promotion was rejected in the past by passing order. However, this fact has been denied in the affidavit of rejoinder. No copy of the order of rejection has been produced before this Court. When this fact is denied, the respondents authority ought to have produced document in support of their contention.
Accordingly, I am of the view the petitioner’s claim for promotion shall be considered and decided in accordance with law after giving hearing to the petitioner
and passing speaking order within a period of eight weeks from the date of communication of this order.
The respondent No. 2 shall carry out this order.
The writ petition is disposed of. No order as to costs.
(K.J. Sengupta, J.)
Dated 04.01.2013 Shiv
1 issue framed by the court
Whether the petitioner's claim for promotion should be reconsidered before a speaking order is passed.
Petitioner
Respondents
Kalyan Jyoti Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
