UNION OF INDIA AND ORS. RAKESH KUMAR vs MS.TABASSUM SHAMSHAD AND ORS. — WP.CT/14/2026

Case under Article 226 of Constitution of India Section NA. Disposed: Contested--DISMISSED on 23rd April 2026.

Case disposed Next hearing 16-Mar-2026

CNR: WBCHCP0002692026

Filing Number

WP.CT/14/2026

Filing Date

13-Mar-2026

Registration No

WP.CT/14/2026

Registration Date

13-Mar-2026

Judge

Hon'ble Justice Sabyasachi Bhattacharyya , Hon'ble Justice Smita Das De

Coram

Hon'ble Justice Sabyasachi Bhattacharyya , Hon'ble Justice Smita Das De

Bench Type

Division Bench

Category

GROUP A (WRIT MATTERS) ( 1 )

Sub-Category

PROMOTION ( 8 )

Judicial Branch

Judicial Section

Decision Date

23-Apr-2026

Nature of Disposal

Contested--DISMISSED

Last updated 21-May-2026

Acts & Sections

Article 226 of Constitution of India Section NA

Petitioner(s)

  1. 1.UNION OF INDIA AND ORS. RAKESH KUMAR

  2. 2.THE CHIEF SECRETARY

  3. 3.THE SECRETARY (POWER)

  4. 4.THE SUPERINTENDING ENGINEER

  5. 5.THE ASSISTANT DIRECTOR (ADMN)

Respondent(s)

  1. 1.MS.TABASSUM SHAMSHAD AND ORS.

  2. 2.SMTI.SUMAN KISHEN

  3. 3.SMTI.HEMA DEVI

  4. 4.SMTI.USHA KAPOOR

Case History

  1. Case disposedDisposed

  2. 23-Apr-2026

    Hon'ble Justice Sabyasachi Bhattacharyya,hon'ble Justice Smita Das DeView PDF

    Court Decision Summary The Calcutta High Court dismissed the Union of India's petition and upheld the Central Administrative Tribunal's decision that Ms. Tabassum Shamshad must be considered for promotion to Assistant Engineer based on her seniority from appointment date (1999), not her degree acquisition date (2008). The court held that seniority and eligibility are distinct concepts; since the recruitment rules provide equal 5-year service requirements for both degree and diploma holders without preferencing earlier qualification acquisition, her senior position in the combined seniority list entitles her to promotion ahead of junior degree-holding colleagues. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 20-Apr-2026

    Hon'ble Justice Sabyasachi Bhattacharyya,hon'ble Justice Smita Das DeView PDF

  4. 20-Apr-2026

    Motion

    Hon'ble Justice Sabyasachi Bhattacharyya , Hon'ble Justice Smita Das De

  5. 17-Apr-2026

    Motion

    Hon'ble Justice Sabyasachi Bhattacharyya , Hon'ble Justice Smita Das De

  6. 16-Apr-2026

    Motion

    Hon'ble Justice Sabyasachi Bhattacharyya , Hon'ble Justice Smita Das De

  7. 13-Apr-2026

    Hon'ble Justice Sabyasachi Bhattacharyya,hon'ble Justice Smita Das DeView PDF

  8. 17-Mar-2026

    Hon'ble Justice Tirthankar Ghosh,hon'ble Justice Chaitali Chatterjee(das)View PDF

  9. 16-Mar-2026

    First hearing

    Initial hearing scheduled

  10. 13-Mar-2026

    Case filed

    Registration No. WP.CT/14/2026

casestatus.in Summary

Court Decision Summary The Calcutta High Court dismissed the Union of India's petition and upheld the Central Administrative Tribunal's decision that Ms. Tabassum Shamshad must be considered for promotion to Assistant Engineer based on her seniority from appointment date (1999), not her degree acquisition date (2008). The court held that seniority and eligibility are distinct concepts; since the recruitment rules provide equal 5-year service requirements for both degree and diploma holders without preferencing earlier qualification acquisition, her senior position in the combined seniority list entitles her to promotion ahead of junior degree-holding colleagues. This case analysis is maintained by casestatus.in based on publicly available court records.

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