Calcutta High Court (Appellete Side)
Sunil Ratan Ghosh vs The Secretary on 20 December, 2022
10 IN THE HIGH COURT AT CALCUTTA
20.12.2022 CONSTITUTIONAL WRIT JURISDICTION
(sanjay)
Ct 21 APPELLATE SIDE
WPA 25491 of 2022
Sunil Ratan Ghosh
Vs.
The Secretary, West Bengal State Electricity
Distribution Company Limited & Ors.
Mr. Biswaroop Biswas,
Mr. Gorachand Samanta
.... For the petitioner.
Affidavit of service filed in Court today be retained
with the records.
The petitioner claims to be working as a Senior
Assistant with the West Bengal State Electricity
Distribution Company Limited (in short, WBSEDCL). The
petitioner was superannuated on June 30, 2004.
The petitioner's grievance is that even though his
name was considered for promotion on June 14, 2004 by
the Manager (P&A) and Member Secretary of the
employer/WBSEDCL, but by the time the petitioner could
be granted benefits of the promotion he retired from
services. Thereafter, the petitioner made several
representations including ones on September 12, 2006,
November 11, 2010 and January 28, 2013. The petitioner
also made a demand of justice by an advocate's letter
dated August 8, 2019. Despite the aforesaid
representations, the petitioner's case was not considered
2
by the employer/ WBSEDCL.
Mr. Biswas, learned counsel appearing on behalf of
the petitioner submits that the petitioner should have
been given the notional benefits of promotion to the post
of Head Clerk, post retirement. There can be no reason
for not giving the promotional benefits to the petitioner
despite the recommendation letter dated June 14, 2004.
In support of his contention he relies on a Division
Bench judgment of the Delhi High Court in W.P. (C)
No.947/2013 (Jasbir Singh Gill -Vs.- Union of India &
Ors.). In the said judgment, the petitioner even though
superannuated from his service prior to being promoted
was given the notional and consequential benefits of the
promotion.
Despite service no one appears on behalf of the
respondents.
Considering the submissions made on behalf of the
petitioner and the materials placed on record, this Court
is of the view that justice will be sub-served by directing
the Senior Manager (HR&A), WBSEDCL, Kolkata to
consider the representations of the petitioner mentioned
hereinabove within six weeks from date upon giving
personal hearing to the petitioner. Such representations
will be disposed of by a reasoned order and the same
shall be communicated to the petitioner within two weeks
of passing thereof.
While considering the representations of the
petitioner the decision of Jasbir Singh Gill -Vs.- Union
of India & Ors. (Supra) will be considered by the
respondent no.7.
In the event, the petitioner is found to be entitled to
the notional and consequential benefits of promotion, the
same shall be disbursed to him month by month from
March, 2023. Any arrears in respect thereof shall be
granted within a period of eight weeks from the date of
passing of the order.
Since no affidavits have been directed to be
exchanged in the said writ petition, all the allegations
contained therein, are deemed not to have been admitted
by the parties.
With the aforesaid directions, the writ petition, being
WPA 25491 of 2022, is disposed of.
All parties shall act on the server copies of this
order duly downloaded from the official website of this
Hon'ble Court.
Urgent photostat certified copies of this order, if
applied for, be supplied to the parties upon compliance of
all necessary formalities.
(Lapita Banerji, J.)
