Shyama Prasad Bose and Others vs West Bengal Housing Board and Others

Jayanta Kumar Biswas, J.—The five petitioners in this writ petition dated August 19th, 1996 are aggrieved by the final gradation list of the grade of junior accountant published by the Deputy Housing Commissioner and Secretary, West Bengal Housing Board under his order dated March 14th, 1996, at p.33.

Under his order dated June 14th, 1995, at p.29, the Deputy Housing Commissioner published the draft gradation list of the grade of junior account. In the draft gradation list the five petitioners were shown junior to all the ten private respondents. Feeling aggrieved, the petitioners, as stated by them in para. 16, separately submitted objections dated July 13th, 1995, a copy whereof is at p.32. They contended that their respective previous seniority positions entitled them to remain senior to the private respondents in the grade of junior accountant. They were not given any opportunity of hearing by the authority, who did not give any decision disposing of the five objections as well. He issued the order dated March 14th, 1996 simply stating that after considering all the objections received against the draft gradation list, he was publishing the final gradation list. After the final gradation list was published, the petitioners jointly filed a representation dated March 22nd, 1996, at p.36 asking the authority to reconsider the whole matter. Since nothing was done, they took out this writ petition.

From the affidavit of service dated August 30th, 1996 it appears that notice of the case was served on all the ten private respondents. However, they have chosen not to enter appearance and contest the writ petition. The Housing Board has affirmed an opposition. However, there is nothing to show that it was filed, though a copy thereof was served on the petitioners, who have filed their reply dated August 16th, 2007.

In para. 17 of the writ petition the petitioners have alleged that though their respective objections to the draft gradation list were duly received by the authority, the final gradation list was published without considering the objections. In para 8 of the opposition, a copy whereof has been supplied by counsel for the petitioners, the Housing Board has stated that objection filed by the first petitioner was properly looked into, and that the final gradation list was published after considering the objections. Nowhere in the opposition the Housing Board has said that an opportunity of hearing was given to the petitioners separately or jointly, and that the objections were disposed of by giving a common or separate reasoned decisions.

It is, thus, evident that the petitioners, who, having duly submitted their objections to the draft gradation list, acquired valuable rights of hearing and reasoned decision, were not given any opportunity of hearing and communicated any common or separate reasoned or unreasoned decisions disposing of their objections. It appears from the order of the Deputy Housing Commissioner dated March 14th, 1996 under which the final gradation list in question was published, the Deputy Housing Commissioner, the authority concerned, discharged his obligation by simply stating that all the objections received against the draft gradation lists were carefully considered.

In my opinion, lip service paid to the petitioners'' objections by the Board through its Deputy Housing Commissioner amounted to no consideration of the objections. The final gradation list could not be published without first disposing of the objections submitted by the petitioners. It is to be noted that the objections were invited by the Deputy Housing Commissioner by the order under which he published the draft gradation list. I am, therefore, of the view that the final gradation list in question and the order under which it was published cannot be sustained.

For these reasons, I allow this writ petition and order as follows. The order of the Deputy Housing Commissioner dated March 14th, 1996 as to the publication of the final gradation list of the grade junior accountant, and the final gradation list of the grade junior accountant, are hereby set aside. The authority concerned of the Housing Board is directed to dispose of the objections submitted by the petitioners to the draft gradation list within eight weeks from the date of communication of this order. After giving reasonable opportunity of hearing to the petitioners, a common or separate reasoned decisions, as may be appropriate, shall be given, and the decision or decisions shall be communicated to all the petitioners immediately. Within a fortnight from the date of the reasoned decision or decisions a fresh final gradation list of the grade junior accountant shall be published. Until the fresh gradation list in terms of this order is published, all steps taken by the respondents making any reference to seniority of the employees of the grade junior accountant shall be taken on ad hoc basis, and all such steps and the steps taken so far on the basis of the impugned gradation list shall abide by the seniority positions that will be shown in the final gradation list to be published in terms of this order. There shall be no order for costs.

Urgent certified xerox of this order, if applied for, supplied to the parties on the usual undertakings.