I joined as Assistant Engineer in a Govt. Directorate on 16.09.96 through a selection process (only interview) held by PSC vide Ad. No.8/1993. Few departmental SAEs challenged the selection process in SAT and subsequently in Hon’ble Division Bench of High Court for not being called for the Interview and Hon’ble High Court set aside the selection process of Ad.no.8/1993 of PSC for not conducting the written test and for not taking the exigency of the Governor of WB for holding interview only and I was terminated on 31.03.2000.
Observation Your recruitment apparently was illegal you have also not challenged against High Court order. Basically you were beneficiary of a manipulation which was corrected.
The Hon’ble High Court also passed the order for a fresh selection processofthe said Ad.no.as early as possible preferably within six months from the date of the order of 08.09.1999. PSC announced on 14.10.2000 for fresh selection of the previousAd.No.8/1993 through written test and interviewfor the candidates who applied previously (No new application was invited).
ObservationIt appears that advertisement was not set aside and only selection procedure following advertisement was quashed. No injustice is caused as only those who applied for the post in 1993 were to be considered in lawful manner.
I was selected and joined again in the same post and directorate on 23.08.01 after relinquishing charge of contract service on the same day.
ObservationNow your selection was lawful and the only difference is that since the post was advertised in2003 (apparently existing as on 1.1.12003) the selection procedure is said to have taken 8 years.
The aggrieved SAEs qualified the written test but did not in the interview. In the meanwhile unfortunately a fresh batch of Assistant Engineers were recommended by PSC on 16.11.2000 through a selection process vide Ad no.9/1999 of PSC and they joined in the directorate around June’01 and placed senior to me.
ObservationYour selection now lawful is against 2003 advertisement and persons of subsequent years cannot be senior to you.But unfortunately you have failed to challenge the seniority list all through the years and now lost the matter in limitation.
I was placed junior to the batch who joined around june’2001 in the gradation list and promoted to the post of EE on 26.12.2007 after them. Subsequently recently two SE post were Vacant and two out of them were promoted and I am still in the post of EE. Being 5-6 years senior and joined in the directorate well before the batch who joined around june’01 ,now I feel humiliation and is very difficult to carry on the job.
Observation2001 to 2007 what did you do so that this humiliation does not come to you.
It was challenged in the Hon’ble Apex Court against Hon’ble High Court order ,but Leave Petition anyhow was rejected.
The aggrieved SAE’s Challenged for the second time in SAT and subsequently in the Hon’ble High Court also in 2001 and the case was rejected in 2010. In the mean time department was requested for my Seniority through so many letters. Then I go for the judgment to the SAT. SAT Placed an order to the Secretary of the Department for settle the matter through a reasoned order but it had gone against my legitimate claim. The case Now pending in the SAT and the said juniors were the added party for being affected.
The selection process might be wrong and for that the officials conducted the examination should be responsible . Instead of that the incumbent who successfully completed 5 yrs. Of Service were terminated. If the examination for 8/1993 advertisement had consisted of written as well as Interview I could have been inducted also. Unfortunately the case which were pending in The SAT is being sustained for long period.