Calcutta High Court
WPA/285/2026 of SHRI.R.NAMBI RAJAN Vs THE ANDAMAN AND NICOBAR ADMINISTRAITON AND ORS. on 4 August 2026
HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/285/2026 Shri R. Nambi Rajan Vs. The Andaman and Nicobar Administration and Ors. Mr. Arul Prasanth … for the petitioner Mr. Rakesh Kumar … for the respondents August 4, 2026 [SR] Item No.7 1. The petitioner is a Junior
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ]
***
WPA/285/2026
Shri R. Nambi Rajan
Vs.
The Andaman and Nicobar Administration and Ors.
Mr. Arul Prasanth
… for the petitioner
Mr. Rakesh Kumar
… for the respondents
August 4, 2026
[SR]
Item No.7
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1. The petitioner is a Junior Engineer (JE) with the Sri Vijaya Puram Municipal Council appointed on 07.09.2007. The Recruitment Rules prescribe that promotion to the post of Assistant Engineer (AE) is to be granted to diploma holders nine years after completion of unblemished service as Junior Engineer.
2. The petitioner completed nine years of in the year 2016. He started making representation to the authorities for promotion to the post of Assistant Engineer from the year 2018. The respondents remained silent. His last representation was made in the year 2025. In the meantime, the writ petitioner was also given additional charge of the duties of the Assistant Engineer-III, Water Works on 22.12.2020. His pay however remained in the scale of JE.
3. It further transpires from the pleadings filed by the respondents and by the writ petitioner, that a Departmental Promotion Committee (DPC) was constituted sometime in the year 2020 to fill up two posts of Assistant Engineer with the SVPMC. The person 2 positions senior to the petitioner in the post of JE, one Mr. Imran Khan was promoted as AE on 01.12.2020.
4. The person who was the immediate senior to the petitioner namely Abdul Wahab’s promotion was kept in the sealed cover. There were pending criminal proceedings under the Prevention of Corruption Act wherein a charge sheet has already been filed.
5. This Court is of the view that when Abdul Wahab was not available for promotion, the writ petitioner ought to have been promoted along with Imran Khan with effect from 01.12.2020.
6. Learned counsel for the SVPMC submits that the respondents were waiting for the result of the criminal proceedings and the departmental proceedings against the said Wahab. This Court is unable to accept the submissions of the SVPMC. Once the eligible candidate’s promotion is kept in a sealed cover, it cannot open till such time a criminal proceeding are completed against him, or until 2 years of such sealing whichever is earlier. More than six years have elapsed, since last DPC, neither has sealed cover been opened nor has the petitioner has been promoted.
7. As already stated above, the petitioner was entrusted with the responsibilities to the post of Assistant Engineer in the year 2022 without any extra remuneration.
8. This Court is of the view that the petitioner has been wrongfully deprived of promotion from the year 2020. The
SVPMC was obliged in its own interest to promote the next available candidate to the post of AE.
9. In the light of the discussions made herein above, this Court directs that the petitioner should be given notional promotion to the post of AE from December, 2020 till December, 2022. Since the petitioner has been given additional responsibilities of Assistant Engineer since December, 2022, he shall be entitled to pay of the Assistant Engineer and other benefits and emoluments attached to the post of AE from December, 2022 till date.
10. Let the pay scale of the petitioner therefore be notionally calculated in the post of AE from December, 2020 until December, 2022. The petitioner shall not entitle to receive any monetary benefits for the said period except all notional increments, pay and emoluments.
11. Based on the petitioner’s scale of pay in December, 2022 (calculated as directed above), the petitioner shall be entitled to all arrears of pay from December, 2022 till date together with all increments, pay revisions and all other benefits of service.
12. The petitioner shall be entitled to participate in any other future recruitment process from the post of Assistant Engineer reckoning his seniority in the post of Assistant Engineer with effect from December, 2020.
13. Let the petitioner’s pay scale duly re-cast as above and his service book be rectified in terms of the direction given herein above. Let all arrears of pay from December 2022 be made available to the petitioner within a period of two months from date.
14. The respondents shall recast, if necessary, seniority list in the grade of Assistant Engineer in the SVPMC considering the petitioner’s entered into the grade/post of AE from December, 2020.
15. With the aforesaid observations, WPA/285/2026 stands disposed of. There shall be no orders as to costs.
16. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
( Rajasekhar Mantha, J. )