MANJULA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE two petitioners involved in this two writ petitions are aspirants for promotion to the posts of Assistant Professor in the respective departments in the Regional Dental College (RDC). Presently they are holding the posts of Demonstrator/Resident Surgeon. THEy are aggrieved by application of the particular requirement for promotion to the post of Assistant Professor, which according to them is not applicable in respect of the posts to which they have claimed promotion. Be it stated here that the petitioner in WP(C) No. 2276/2010 is working in the Department of Prosthodontics, while the petitioner in WP(C) No. 2278/2010 is working in the Department of Orthodontics. Since the issue raised and the basic facts involved in both the writ petitions are one and the same, they are being heard analogously and are being disposed of by this common judgment and order. THE writ petition being WP(C) No. 2276/2010 having been exclusively referred to by the learned counsel for the parties to bring home their point of argument, the said writ petition has been taken as the base case.

(2.) WHILE the petitioner in WP(C) No. 2276/2010 was appointed with effect from 5.9.1989 pursuant to her selection by the APSC, the petitioner in WP(C) No. 2278/2010 was appointed with effect from 7.7.1999. As stated above their grievance is one and the same i.e. alleged denial of promotion to the post of Assistant Professor. Although their case for promotion was considered by the Departmental Promotional Committee (DPC), but they could not be recommended for promotion as they do not have required experience i.e. 4 years of teaching experience after post graduation, which they obtained in May, 2009. It is this finding of the DPC, the petitioners have opposed in the writ petitions on the ground that such requirement of 4 years of teaching experience after post graduation is not applicable to the case of the petitioners and thus the same having been wrongly applied, they have been deprived of their legitimate promotions even after rendering more than 20 years and 10 years of service respectively.

(3.) AS per the aforesaid Finance Department's notification dated 29.1.2001 issued under Article 309 of the Constitution of India, the Governor of ASsam has extended the benefit of revised AICTE Pay Scales to the teachers of the RDC and the teachers of the Dental Wings of the ASsam Medical College, Dibrugarh and Silchar Medical College of the State with effect from 1.1.1996 as specified below: Name of post Existing state's pay scale Name ofthe scale AICTE Pay scale No. of Posts Principal 3825-5900 Supertime scale18400-500-22400 1 Vice Principal 3575-5550 Selection grade16400-450-20900-500-22400 1 Professor 3575-5550 Selection grade16400-450-20900-500-22400 5 ASsociate professor, Dental Wing S.M.C.3375-5200 Sr. scale-II 12000-420-18300 1 ASstt. Professor RDC/Dental Wing AMC/SMC3275-5050 Sr. scale-I 10000-325- 15200 8 Resident Surgeon/ Demonstrator/ Registrar, RDC/AMC/SMC 1835-4325 Jr. scale8000-275-13500 15