SAMIR CHANDRA KAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-court appeal is directed against the judgment and order dated 16.08.2018 passed in WP (C) No.161 of 2013, whereby the learned Single Judge of this Court has dismissed the writ petition.

(2.) The appellant has pleaded that he was appointed as Lower Division Assistant (LDA) in the respondent Department on 20.08.1981 and promoted to the post of Upper Division Assistant (UDA) on 01.03.1992. Thereafter, he was promoted to the post of Head Assistant on 01.01.2006 and as Senior Accountant on 01.01.2009.

(3.) According to the appellant no rules had been formulated which were prevalent for promotion. The Ministry of Home Affairs framed the rules and notified on 06.09.2001 vide G.S.R. 502 [Assam Rifles Field Officers (Group "C") Civilian Ministerial Posts Recruitment Rules, 2001] (in short "the Rules of 2001"). Rule 4 of the Rules of 2001 is relevant for the purposes of this appeal which reads thus:-