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Mayank_Pandit
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Never ending dispute of inter se seniority between the direct recruits and the promotees in a cadre has cropped up in this appeal, arising out of the judgment of the Division Bench of Calcutta High Court. The cadre in which the inter se seniority is required to be determined is the cadre of Employment Officer in the Directorate of National Employment Service in the State of West Bengal. The Governor of West Bengal has framed a set of Rules in exercise of power conferred under provisio to Article 309 of the Constitution providing the method of recruitment and the qualification required for the Gazetted post in the Directorate of National Employment Services (hereinafter referred to as 'The Recruitment Rules'). Under the Rules the cadre of Employment Officer (Technical) could be filled up by direct recruitment on the results of West Bengal Civil Services (Executive and Allied Services) Examination for Group A as well as by promotion. For the promotion, to the feeder category is the Junior Employment Officer, Superintendent and U.D.
Clerk of the Directorate of NES West Bengal; Supdt. and U.D. Clerks of Regional Employment Exchanges and U.D.
Clerks of the Sub Regional and District Employment Exchange ; Inspectors of Statistics and Statistical Assistants. Under Rule 3 A (2) of the Recruitment Rules the ratio between the direct recruitment and the promotion is 50:50. For being eligible for promotion to the post of Employment Officer it is necessary that the person concerned should have 6 years' of qualifying service in the feeder post. During the period 1976 to 1982 the appellants were appointed as District Employment Officers, as direct recruits, on being selected by the West Bengal Public Service Commission on the basis of their results of the Recruitment examination held for the post in West Bengal Civil Service (Executive). On 2.10.1978 and 13.9.1979, Government issued two Notifications promoting 50 employees belonging to the feeder category on ad hoc basis to the post of Employment Officer for a period of 6 months, and respondents 6 to 30, the contesting respondents are included within the same 51. The letter of appointment on promotion unequivocally indicated that the appointment