(1.) Petitioner's father, late Sambaru Kalita, was a Grade-IV employee at Guimara State dispensary. While the petitioner's father was still in service, the petitioner came to be appointed, on 30.7.1990, in leave vacancy, as his father had been suffering from various ailments. The petitioner's father died on 18.11.1990. By order, dated 28.11.1990, the petitioner was allowed to work as a grade-IV employee in the vacancy, which had arisen consequent to his father's death. By order, dated 5.6.1991, the petitioner's service was regularized in the post of Grade-IV with effect from 18.11.1990. The petitioner has accordingly been working since then. On 6.7.2006, the petitioner was promoted to the post of Dresser, which is a Grade-III post. Having joined the post of Dresser, the petitioner started functioning as a Dresser since 7.7.2006.
(2.) By order, dated 7.12.2006, issued by Joint Director of Health Services, Kamrup, the order, dated 6.7.2006, aforementioned, whereby the petitioner had been promoted from the post of Grade-IV to the post of Grade-III, as Dresser, was cancelled. This action of the respondents was put to challenge by the petitioner by filing a writ petition under Article 226, which gave rise to WP(C) No. 633/2007. Having found that the petitioner had been demoted without giving him, in this regard, any notice to show cause or any opportunity of hearing, the High Court, by order, dated 17.12.2009, passed in WP(C) No. 633/2007, set aside the order, dated 7.12.2006, with liberty to the respondents concerned to issue to the petitioner a notice to show cause against the proposed order of cancellation of the petitioner's promotion.
(3.) Pursuant to the order, dated 17.12.2006, passed by the High Court, the petitioner rejoined the post of Grade-Ill and, thereafter, a notice was issued, on 12.2.2010, directing him to show cause as to why his promotion shall not be cancelled on the ground that in the gradation list of Grade-IV, the petitioner appears at serial No. 144, whereas there are more senior and experienced persons in the post of Grade-IV including one Md. Romjan Ali, whose name appears at Serial No. 73 and who had laid his claim for promotion to the post of dresser prior to the petitioner. To the notice to show cause, so issued to him, the petitioner did not dispute the fact that in the gradation list, his name appears at Serial No. 144 and there are several persons senior to, and more experienced than, him in the said gradation list and that one Md. Romjan Ali stands at Serial No. 73 of the gradation list, who had laid his claim for promotion to the post of dresser prior to the request made, in this regard, by the petitioner. What the petitioner simply stated, in his representation made against the said show-cause notice, was that he already stood promoted by order, dated 6.7.2006, aforementioned, he had received his salary for five months and, then, the order of promotion was cancelled and, hence, he shall be allowed to continue to serve in his promotional post. However, by order, dated 11.3.2010, issued by the Joint Director of Health Services, the petitioner's promotion has been cancelled on the ground that since the petitioner is junior to many other Grade-IV employees of the said establishment and there are more experienced persons than the petitioner, his order of promotion is not sustainable. The petitioner has accordingly been reverted, vide the order, dated 11.3.2010, to the post of Grade-IV. It is the order, dated, 11.3.2010, which stands impugned in this writ petition.