Sri Shyamal Kumar Sarma vs Union Of India & Ors
2022 Latest Caselaw 738 Cal

22.02.2022
Mithun
List - D/L
Sl. No. 12
Ct. No. 04.
                               IA No: CAN/1/2021
                                        in
                                WP. CT/13/2017


                             Sri Shyamal Kumar Sarma
                                        -Vs.-
                                Union of India & Ors.


              Ms. Reshmi Ghosh, Adv.

              Mr. Soumya Sarkar Chini, Adv.

                                                    ...for the petitioner.

              Mr. Dayashankar Mishra, Adv.

                                                    ...for Union of India.

                    The writ petition is filed challenging the order and

              judgment dated 2nd May, 2016 passed by the learned

              Central Administrative Tribunal, Calcutta Bench in O.A.

              No.560 of 2013 whereby and whereunder the Tribunal

              application seeking relief to quash the speaking order

              dated 15th October, 2012 and a direction upon the

              respondent to appoint the petitioner as Junior Engineer

(Electrical or Mechanical) by way of promotion of all

consequential benefit was rejected.

Indubitably the petitioner was appointed to the

post of Chowkidar and such appointment was made

permanent with effect from March, 1999. The petitioner

was having a Graduate degree in Science stream and

subsequently passed the Diploma course in the

Mechanical Engineering from the State Counsel of

Engineering and Technical Education, Government of

West Bengal. The petitioner further passed the trade

test in the year 2003 and claimed to have come under

the Skilled Grade category. The dispute arose when the

promotional post for Junior Engineer (Electrical &

Mechanical) fall vacant and the petitioner was not

considered as eligible for such promotional post. The

Tribunal application was taken up when the authority

was apathetical in considering the case of the petitioner

for such promotional post which was disposed of on

29.06.2012 with the categorical finding that though the

petitioner was appointed as Chowkidar but subsequently

acquired Diploma degree in the Mechanical and

Engineering from the recognized institution and having

made the representation before the Competent

Authority, it is not acceptable that the authority would

sit tight over the said representation without taking any

decision. Accordingly, the Tribunal application was

disposed of directing the Competent Authority to take a

decision on the representation filed by the petitioner

within the specified period.

Pursuant to the said order, the authority took up

the representation so filed and denied the prayer of the

petitioner taking recourse to the recruitment rules being

S.R.O.45 of 2008. The petitioner challenged the said

order before the Tribunal on the ground that the

moment he passed the Trade Test, he is put into a

skilled category and therefore, eligible to be considered

for such promotional post. For the purpose of the record

it is apposite to mention that in the meantime, the

petitioner has been appointed to the post of

Mate(Electrical) with effect from 7th January, 2010. Still

the petitioner persued his earlier claim that to be posted

at the promotional post of Junior Engineer (Electrical &

Mechanical). The rules concerning the consideration for

such promotional post is categorical and a specific which

is not denied by either of the parties. The eligibility

criteria for the promotional post of Junior Engineer

(Electrical & Mechanical) is restricted to a Highly Skilled

Tradesman with 8 years service and a Skilled Tradesman

with 16 years of service. It appears that after acquiring

the qualification i.e. Diploma in the Mechanical

Engineering from a recognized Institute, the petitioner is

still at the Semi- skilled category and does not acquire a

category of Highly Skilled Tradesman or Skilled

Tradesman. The authorities being the creature of

statute cannot travel beyond the ambit of the

Recruitment Rules applicable in this regard. The

petitioner has not challenged the Recruitment Rules i.e.

ultravires to the Constitution or the Statutory Act. If the

rules provide the modalities and mechanism for

recruitment to a promotional post, authorities cannot

travel beyond the peripheral thereof and have to act

strictly within the precincts of the statutory rules. The

eligibility criteria ascribed for such promotional post

cannot be bypassed by the authority and if the petitioner

does not fall within such category, there is no infirmity

or illegality in the action of the authorities in denying the

relief claimed therein. There is a real distinction

between the right to be appointed at the promotional

post and the right to be considered for an appointment

to such promotional post. The former is never a vested

right but in later case one has a right to be considered

for such promotional post but such right can only accrue

if fructified from a statutory rules and not otherwise.

The petitioner is ineligible to be brought within the zone

of consideration for the post of Junior Engineer

(Electrical or Mechanical).

In view of the eligibility criteria enshrined in the

said Recruitment Rules, we do not find any ground

warranting interference with the order of the Trial Court.

The writ petition is dismissed, as a consequence of

application also stands dismissed.

(Harish Tandon, J.)

(Rabindranath Samanta, J)