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.
CNR: WBCHCP0002692026
Next Hearing
16th March 2026
Filing Number
WP.CT /14/2026
Filing Date
13-03-2026
Registration No
WP.CT /14/2026
Registration Date
13-03-2026
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
23rd April 2026
Nature of Disposal
Contested--DISMISSED
Acts & Sections
Petitioner(s)
UNION OF INDIA AND ORS. RAKESH KUMAR
THE CHIEF SECRETARY
THE SECRETARY (POWER)
THE SUPERINTENDING ENGINEER
THE ASSISTANT DIRECTOR (ADMN)
Respondent(s)
MS.TABASSUM SHAMSHAD AND ORS.
SMTI.SUMAN KISHEN
SMTI.HEMA DEVI
SMTI.USHA KAPOOR
Hearing History
Judge: HON'BLE JUSTICE SABYASACHI BHATTACHARYYA , HON'BLE JUSTICE SMITA DAS DE
NEW MOTION
MOTION
MOTION
MOTION
| Date | Purpose | Result |
|---|---|---|
| 16-03-2026 | NEW MOTION | |
| 20-04-2026 | MOTION | |
| 17-04-2026 | MOTION | |
| 16-04-2026 | MOTION |
Orders
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.
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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