Employee Moving To Another Cadre Can't Later Claim Regular Promotion In Former : Calcutta High Court

A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that the employee who availed Career Advancement Scheme and subsequently left the cadre cannot claim regular promotion benefits granted later to Bhumi Sahayak cadre. Background Facts The petitioner was appointed as a Bhumi Sahayak in 1984. After completing ten years of service, he was granted the benefit of the Career Advancement Scheme in 1994. Subsequently, he participated in a separate recruitment process in 1996. He was appointed as a Revenue Inspector on November 7, 1996. Hence he ceased to be a Bhumi Sahayak. In 2001, a notification was issued that granted promotion from Bhumi Sahayak to Bhumi Sahayak Grade I. The employee later raised a claim for this promotion, arguing that his juniors had been promoted. His claim was rejected by the authorities. Challenging the rejection, the employee filed an application before the West Bengal Administrative Tribunal (S.A.T.). The Tribunal refused to grant relief and also found that the claim was belated. Aggrieved by the Tribunal's order, the employee filed the present writ petition before the High Court. It was argued by the employee that the Tribunal's finding of the claim being belated was unsustainable. It was contended that his claim for promotion was rejected by a order in 2017. He had approached the Tribunal thereafter. Therefore, he argued that the Tribunal was incorrect in calculating the delay from the date of the original notification in 2001. His further submission was that his claim for promotion should be considered since other employees junior to him, had been granted the promotion. On the other hand, it was argued by the State Respondents that the employee had already availed the benefit of the Career Advancement Scheme in 1994, after completing ten years of service as a Bhumi Sahayak. Therefore, the employee was precluded from subsequently claiming a regular promotion after he had been given benefit of Career Advancement Scheme. Furthermore, it was asserted that the employee had ceased to be a member of the Bhumi Sahayak cadre upon his appointment as a Revenue Inspector in 1996. Hence employee could not raise a claim based on parity with a junior who continued in the cadre of Bhumi Sahayak. Findings of the Court It was observed by the court that the concept of a Career Advancement Scheme is to provide financial benefits to employees facing stagnation in a post. It was found that the employee was granted this benefit in 1994 after completing ten years of service as a Bhumi Sahayak. It was observed that once an employee has availed the benefit of the Career Advancement Scheme, they cannot claim a regular promotion for the same period of service. Further, the promotional notification dated 25.06.2001 itself contemplated that the claim for promotion as Bhumi Sahayak-I will not be entertained It was found that the employee had ceased to be a Bhumi Sahayak upon his appointment as a Revenue Inspector. He was no longer a member of the cadre at the time of issuance of the 2001 notification. Therefore, the employee was not in a position to make any such claim. Consequently, the order passed by the Tribunal was upheld by the Division Bench. With the aforesaid observations, the writ petition filed by the employee was dismissed by the Division Bench. Case Name : Balaram Naskar Vs. The State of West Bengal & Ors. Case No. : W.P.S.T. 111 of 2024 Counsel for the Petitioner : Bapin Baidya Counsel for the Respondents : Arjun Ray MukherjeeClick Here To Read/Download Order

Employee Moving To Another Cadre Can't Later Claim Regular Promotion In Former : Calcutta High Court

Namdev Singh

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Employee Moving To Another Cadre Can't Later Claim Regular Promotion In Former : Calcutta High Court

Namdev Singh

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