JUDGMENT P.K. RAY, J. 1. Instant appeal is directed challenging the order dated 11.9.2000 passed by Dilip Kr. Seth, J. in AST 2973 of 2000 whereby and whereunder the following order was passed:- "Thus the petitioner can be expected to continue till 26th December, 2000 and not beyond. Then his posting in the Data Processing Centre was purely a stop-gap arrangement. The order indicates that he would look after the job of Data Processing Manager till the post is filled up in regular manner or till the petitioner is adjusted against future vacancy in the post of Executive Engineer whichever is earlier. Thus the petitioner cannot claim any lien in the post of Data Processing Manager. He has no right to continue therein in case the post is filled up on the regular manner. The petitioner's claim for promotion to the post of Executive Engineer is subject to the decision of the Municipal Service Commission. Thus the posting as Data Processing Manager of the petitioner by reason of the condition contained in the order dated 26th June, 2000 permits the petitioner to continue on probation for a period of six months he can have some claim on the basis there off or which he may make a representation in order to secure payment which may be considered by the respondent in accordance with law having regard to the facts and circumstances of this case. The posting of the petitioner in the post of Assistant Engineer and his joining the said post will be without prejudice to the rights and contentions. With regard to the claim for payment as indicated above, if there by any. The respondent may consider the case of the petitioner as soon as his turn comes viz., as pointed out by Mr. Behani on 31st January, 2001. Let it be noted that I have entered into the merit. Of the case with regard to the petitioner's entitlement to the promotion." 2. The writ application was filed by the appellant-petitioner challenging the office order DMC(P)/PT/217/2000-01 dated 31st August, 2000 issued by Deputy Municipal Commissioner, Calcutta Municipal Corporation whereby the writ petitioner-appellant was sent back to original department that is Tube-well Department from the post of Manager, DPC. Of the case with regard to the petitioner's entitlement to the promotion." 2. The writ application was filed by the appellant-petitioner challenging the office order DMC(P)/PT/217/2000-01 dated 31st August, 2000 issued by Deputy Municipal Commissioner, Calcutta Municipal Corporation whereby the writ petitioner-appellant was sent back to original department that is Tube-well Department from the post of Manager, DPC. The main grievance of the writ petitioner-appellant is that by the impugned order in the writ application he was demoted to the post of Assistant Engineer (Electrical) in Tube-well Department from his new assignment, which was a promotional post. He was promoted in terms of the office order no. DMC(P)/PT/106/2000-01 dated 26th June, 2000 as per decision of competent authority, the Municipal Commissioner in terms of the order of Municipal Commissioner dated 26th June, 2000, in the rank of Executive Engineer (E). 3. The Calcutta Municipal Corporation has contested the matter justifying the impugned order on the ground that the writ petitioner's appointment in the post of Manager (DPC) was by ad hoc promotion in the rank of Executive Engineer (E) for temporary period and by holding such post writ petitioner did not accrue any right. It is further submitted that in the rank of Assistant Engineer (E) which is the feeder rank of Executive Engineer (E) in the gradation list. the writ petitioner-appellant was in Serial No. 2 whereas one Sri Tamal Ghatak was in the first position in the list and as per the recruitment rules for selection in the rank of Executive Engineer (E) which is passed on merit cum seniority, the first placement in the post under the said rank was required to be done to said Sri Ghatak. But unfortunately, due to mistake Tamal Ghatak was not considered and accordingly Tamal Ghatak has recently been promoted to the said rank of Executive Engineer (E) by placing him in the P and D Department, in the vacancy as caused in the said post and in the said rank due to superannuation of the incumbent Sri Asim Bikas Dutta Gupta. It is further submitted by the learned Advocate of the Calcutta Municipal Corporation that the present writ petitioner-appellant would be considered for promotion in the rank of Executive Engineer (E) in the next vacancy. It is further submitted by the learned Advocate of the Calcutta Municipal Corporation that the present writ petitioner-appellant would be considered for promotion in the rank of Executive Engineer (E) in the next vacancy. It is contended further that the writ petitioner-appellant since was ad hoc appointee, he had no right to hold the post and accordingly the impugned decision sending him to back to the original department that is tube-well department in the original rank of Assistant Engineer (E) is legal and justified. The learned Advocate of the appellant-petitioner vehemently submitted that since the rank of Executive Engineer (E) is a promotional rank of Assistant Engineer (E) and since the promotion rule provided merit cum seniority, as the criterian, the writ petitioner-appellant since succeeded in interview as held, accordingly the question of superceeding the senior incumbent in the gradation list in the feeder post is not arising. The writ petitioner-appellant submits that since the promotional order was issued promoting the writ petitioner in the rank of Executive Engineer (E) on stipulating the condition that his tenure would be for a period of six months or till the post of Data Processing Manager was filled up in regular manner, the writ petitioner-appellant is entitled to continue in the post of Manager, Data Processing Centre being in the rank of Executive Engineer (E) till the said vacancy is being filled up in accordance with law. It is further submitted that the said vacancy being the post of Manager, Data Processing Centre as yet has not been filled up following the recruitment rules and as such there is no question of reversion of the writ petitioner to his feeder post and impugned order is nothing but a demotion for which the writ petitioner has suffered civil consequences. As per the direction of the Court the Calcutta Municipal Corporation has placed records for adjudication of the lis in question. From the records very surprisingly it is found that the contention of both the appellant-petitioner as well as the respondent corporation do not depict the real state of affairs. No party has been able to place the actual fact. 4. From the records the following is revealed:- (A) The post of Data Processing Manager was kept in abeyance for creating a post of Executive Engineer (C) under DPC as per MIC resolution. No party has been able to place the actual fact. 4. From the records the following is revealed:- (A) The post of Data Processing Manager was kept in abeyance for creating a post of Executive Engineer (C) under DPC as per MIC resolution. One Sri Jit Chakroborty, an Executive Engineer (C) having sufficient computer knowledge and experience was allowed to look after the job of Data Processing Manager in the capacity of an Executive Engineer (C). For this purpose the tenure of the post of Executive Engineer (C) and that of the promotion of Sri Chakroborty was extended time to time on ad hoc basis. Sir Chakroborty was allowed to enjoy study leave for long period keeping lien in service and accordingly there was necessity of filling up the post of Data Processing Manager under this contengency. The following proposal was put up for orders to the Municipal Commissioner. (i) The post of Data Processing Manager may be fill up temporarily by an Executive Engineer (E) having computer knowledge and background. (ii) Sri Monobrata Chowdhury (writ petitioner-appellant) a decree holder Assistant Engineer (E) being eligible for promotion, as Executive Engineer (E), who has also completed one year computer training course conducted by IUM may be promoted as Executive Engineer (E) against the vacancy of Data Processing Manager. It is further revealed from the office note-sheet that Sri Tamal Ghatak senior most degree-holder in the rank of Assistant Engineer (E) had verbally conveyed to the Municipal Commissioner, his unwillingness to accept promotion as Executive Engineer (E) for which Sri Chowdhury being the second degree-holder in the rank of Assistant Engineer (E) was proposed for promotion. It is further mentioned in the said note-sheet that as there was no vacancy in the point of Executive Engineer (E), the promotion of Sri Chowdhury against the post of Executive Engineer (E) under 85% quota. Sri Chowdhury since was already enjoying the pay scale of Executive Engineer (E) by virtue of CA Scheme for which there would not be any much increase of his pay and allowances if the promotion was considered. With this endorsement the following recommendation was placed to the Municipal Commissioner. Sri Chowdhury since was already enjoying the pay scale of Executive Engineer (E) by virtue of CA Scheme for which there would not be any much increase of his pay and allowances if the promotion was considered. With this endorsement the following recommendation was placed to the Municipal Commissioner. Hence considering the above factors and the urgency to fill up the post of Data Processing Manager it is proposed that Sri Chowdhury a degree holder AE (E) may be promoted as Executive Engineer (E) against the vacancy of Data Processing Manager (Rs. 10,000 to 15,526) on ad hoc basis for a period of six months or till the post of Data Processing Manager is filled up in regular manner, whichever is earlier. Promotion if approved would abide by the order of Hon'ble Court and subject to fulfillment of terms and conditions as laid down in promotional cases. This recommendation was accepted by Municipal Commissioner on approving the same being a competent authority by his decision dated 26th June, 2000. (B) That a problem cropped up about release of salary of Sri Chowdhury as the earlier incumbent Sri Jit Chakroborty was holding lien to the post was getting salary in terms of the condition of study leave from the said department that is Data Processing Centre. Under such state of affairs it was decided by the Deputy Municipal Commissioner (P) of said corporation that for two months salary of Sri Chowdhury would be drawn from tube-well department against the post of Assistant Engineer (E) as Sri Chowdhury was enjoying the same pay scale irrespective of his promotion in the rank of Executive Engineer (E) by virtue of CA Scheme. It was further decided that after two months his promotion would be adjusted against the vacancy that would occur in P and D department on 1.9.2000. This decision was on 11th July, 2000 by the competent. It was further decided that after two months his promotion would be adjusted against the vacancy that would occur in P and D department on 1.9.2000. This decision was on 11th July, 2000 by the competent. (C) From the record it is revealed that though in the note sheet dated 26th June, 2000 which was approved by the Municipal Commissioner, the promotional aspect of Sri Chowdhury in the rank of Executive Engineer (E) for his placement as Manager, Data Processing Centre was considered on two reasons namely Sri Chowdhury was qualified with computer training course and had sufficient knowledge and background and for other reason that the first incumbent in the gradation list Sri Tamal Ghatak expressed his unwillingness to the Municipal Commissioner to accept the promotion in the said post of Manager, DPC. Sri Tamal Ghatak by his representation dated 29th June, 2000 raised grievance on the promotion of Sri Chowdhury in the rank of Executive Engineer (E) and prayed justice for his promotion. (D) Though by the decision dated 26th June, 2000 and subsequently by the decision dated 11th July, 2000 as were taken by irrespective competent authorities, Sri Chowdhury was promoted on ad hoc basis on consideration of his special training in computer and due to waiver of right by Sri Ghatak, and despite of the fact that Sri Chowdhury was assured to be adjusted in the vacancy of Ex. Engineer (E) in the P and D department with effect from 1.9.2000 by a decision dated 29th August, 2000, the Municipal Commissioner approved the promotion of Sri Tamal Ghatak in the rank of Executive Engineer (E) on ad hoc basis with a certain terms and conditions and he was placed in the P and D department. (E) Very surprisingly by the office note dated 30th August, 2000 in view of the recommendation of DMC (Computer) in favour of one Sri Swapan Mitra, Sri Swapan Mitra was placed in the Data Processing Centre directing him to take charge of HOD and such was discussed with the Municipal Commissioner. Ultimately Sri Swapan Mitra was placed in Data Processing Centre and without assignment of any reason Sri Chowdhury (writ petitioner-appellant) was sent back to his original department. In terms of such decision ultimately the impugned order was passed as assailed in the writ application. 5. Ultimately Sri Swapan Mitra was placed in Data Processing Centre and without assignment of any reason Sri Chowdhury (writ petitioner-appellant) was sent back to his original department. In terms of such decision ultimately the impugned order was passed as assailed in the writ application. 5. From the aforesaid office notes and records the following facts are guiding facts for reaching to a decision by us:- (i) In the ad hoc selection of the candidates in the rank of Executive Engineer (E) to promote them from the feeder posts, no selection and interview was held either in respect of Tamal Ghatak or Sri Chowdhury. (ii) Sri Chowdhury was selected for promotion on ad hoc basis in the rank of Executive Engineer (E) namely on the ground that first incumbent Tamal Ghatak did not agree to have his placement in the post of Manager, DPC due to his lack of knowledge and experience and training in computer. The decision dated 26th June, 2000 even though on ad hoc basis by promoting Sri Chowdhury but Sri Chowdhury was considered as best candidate for placement in the post of Manager DPC. (iii) That the reversion of Sri Chowdhury (writ petitioner-appellant) to his original department was for the purpose of placement of a new incumbent Sri Swapan Mitra and to maintain seniority of Sri Ghatak in rank of Executive Engineer (E) was done by the decision of the Municipal Commissioner dated 30th August, 2000 without assignment of any reason as to why Sri Chowdhury who was already working in the post in question that is Manager, DPC would not be entitled to continue in such post and without consideration of earlier decisions. 6. On consideration of the matter in depth I am of the opinion that though an ad hoc appointee has no right to hold the post and the authorities concerned had power to change the ad hoc arrangement but such change and or decision must pass through the test of fairness, reasonableness and arbitrariness. From the records it is clear that with positive reason Sri Chowdhury was selected and promoted for his placement as Manager DPC and no reason has been assigned for changing such ad hoc arrangement about functioning for Sri Chowdhury as Manager, DPC. From the records it is clear that with positive reason Sri Chowdhury was selected and promoted for his placement as Manager DPC and no reason has been assigned for changing such ad hoc arrangement about functioning for Sri Chowdhury as Manager, DPC. Competency of Sri Chowdhury to hold the post of Manager, DPC was considered in proper angle and he was ultimately placed by ad hoc promotion in the rank of Executive Engineer (E) hence under such state of affairs, the impugned order without assignment of any reason changing the placement of writ petitioner Sri Chowdhury is arbitrary and also violative of principle of natural justice. Accordingly the impugned order under appeal, and the decision dated 30th August, 2000 of the CMC reverting the writ petitioner-appellant to his original department and replacement of Swapan Mitra in his place in DPC are hereby set aside and quashed. In terms of the promotion order in favour of Sri Chowdhury in the rank of Executive Engineer (E) his placement as Manager, DPC would continue till the regular appointment is made to the post of Manager, DPC and/or the adjustment of the writ petitioner-appellant in the rank of Executive Engineer (E) is a permanent vacancy as per rule. 7. Since, Sri Tamal Ghatak is not a party in the proceeding and accordingly his seniority writ petitioner-appellant Sri Chowdhury, in the rank of Executive Engineer (E), is not at all determined by this judgment. It is open to Sri Ghatak to claim his seniority even by assailing the recording in the note sheet dated 26th June, 2000 to this effect that Sri Ghatak expressed orally before the Municipal Commissioner about his unwillingness to assume the post of Manager, DPC. Without prejudice to the rights and contention of Sri Tamal Ghatak, this judgment is passed. Accordingly appeal and application both are disposed of. JUDGMENT S.B. SINHA, J. 1. Although I agree with the conclusion arrived at by my learned Brother, I would like to add a few words. 2. The respondent appears to have prevaricated its stand from stage to stage. Whereas before us a plea had been taken that the appellant herein was appointed in a higher post by way of a mistake ignoring the case of a senior, from the records it appears that no such mistake was committed but in fact the concerned employee refused to work in the computer section. 3. Whereas before us a plea had been taken that the appellant herein was appointed in a higher post by way of a mistake ignoring the case of a senior, from the records it appears that no such mistake was committed but in fact the concerned employee refused to work in the computer section. 3. Before us Mr. Behani submitted that the appellant was not found to be competent to hold the post as would appear from his admission in his show-cause that he became ready and willing to work his parent department but only as an Executive Engineer. If the appellant was found to be not suitable, he should have been asked to show-cause. Furthermore, Sri Swapan Chowdhury was not posted in his place but was promoted to another post in relation whereto no meeting of the Departmental Promotion Committee was held nor the Municipal Service Commission was consulted. 4. A third person was asked to work in the post of Manager DPC. Furthermore, the learned trial Judge was also not correct in holding that the appellant herein did not have any right even in terms of the offer of appointment. The appellant had a right to hold the said post at least for a period of six months. He could be deprived of from the said right only upon assigning of cogent reasons. Not only no such cogent reason has been assigned but the impugned order had been passed evidently upon taking into consideration irrelevant facts and ignoring relevant facts. The order passed by the respondent, therefore, suffered from an error apparent from the face of the record. Thus, neither the order passed by the learned trial Judge nor the order impugned in the writ application can be sustained. They are set aside accordingly. Later:- Urgent xerox certified copy of the judgment deliverd today, if applied for, be supplied on priority basis. Writ application allowed.