Authority: High Court at Calcutta (Constitutional Writ Jurisdiction Appellate Side)
Order Date: 10 September 2026
Case Overview
- Petition: Bipul Banerjee vs State of West Bengal & Ors., Writ Petition No. WPA/25804/2014.
- Petitioner joined as peon in 2006, promoted to Group‑D staff, then to Lower Division Clerk (LDC) on 10 July 2012 via office memorandum.
- Promotion was withdrawn by memorandum dated 08 January 2014 (as cited), reverting him to Group‑D staff.
- The petitioner argued the promotion was valid under a 1995 Finance Department memo reserving 10 % vacancies for Group C/D employees.
- The State contended the memo did not apply to the petitioner, who is employed by the West Bengal Primary School Council, and that the 2007 Rules governing Primary School Councils supersede the 1995 memo.
- The Court noted that LDC posts are to be filled by direct recruitment per Appendix‑I Part‑A, and a peon could only be promoted to Daftary per Part‑B, making the original promotion erroneous.
Final Outcome
- The Court held that the error could be rectified; the petitioner has no vested right to retain the LDC post.
- He is entitled to arrears of pay for the period he actually served as LDC, i.e., from 10 July 2012 to 08 January 2014.
- He is also awarded a compensation amount of Rs 50,000 for the ignominy caused by the withdrawal.
- The authorities are directed to quantify the arrears, add the Rs 50,000, and disburse the total amount by 12 October 2026.
- No order as to costs.
Topics: Promotion Dispute, Compensation, Court Order