STATE OF ASSAM & ANOTHER Vs. RABINDRANATH KALITA

JUDGEMENT

(1.) These two appeals carry a challenge to the judgment and order dated 14.12.2007, passed in WP (C) No.4934 of 2006. Thereby the moderation of the grading of the respondent No. 1 herein in his Annual Confidential Reports (ACR) for the period from 1.4.2004 to 24.6.2004 and 28.7.2004 to 17.2.2005 from 'Outstanding' to 'Very good' and 'Good' respectively, was interfered with and the State-respondents were directed to reassess his case for promotion to the post of Superintending Engineer in the Public Works Department of the State (Department) by treating the remarks of the reviewing authority for the said periods to be the bench mark of appraisal. Further, a direction to effect his promotion, if adjudged fit and eligible from the date of those made pursuant to the recommendations of the Selection Committee dated 28.7.2006, was also made. The respondent No. 1, incidentally, was the writ petitioner in the aforementioned proceeding, which was disposed of along with four other writ petitions on analogous issues surfacing from the same selection.

(2.) Whereas, the appellants in WA No.44 of 2008 are the official respondents in WP (C) No.4934 of 2006, the appellants in WA No.54 of 2008 are the respondent Nos. 4, 5, 6, 7, 9, 10, 11 and 12 therein. The respondent Nos. 3 and 8, however, have figured as proforma respondents in this appeal. These appellants, however, did not offer their counter in the writ proceeding.

(3.) We have heard Mr. AM Mazumdar, Senior Advocate assisted by Mr. S. Saikia, Advocate for the appellants in WA No.44 of 2008 and Mr. PK Goswami, Senior Advocate assisted by Mr. J. Roy, Advocate for the respondent No.l in WA No.44 of 2008. Mr. U. Raj Saikia, Advocate represented the appellants in WA No.54 of 2008.