CHITTA RANJAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ appeal has arisen out of the judgment and order dated 28.3.2008 passed by the learned Single Judge in W. P. (C) No. 2227 of 2006.

(2.) The brief facts of the case is that the Appellant, Sri Chitta Ranjan Das, who belongs to Scheduled Caste community and is holding the post of Assistant Conservator of Forests, a feeder post of Deputy Conservator of Forests, filed the aforesaid writ petition challenging the notification dated 22.2.2006 (Annexure-E to the writ petition) issued by the Joint Secretary to the Government of Assam, Environment and Forests Department whereby nine Assistant Conservator of Forests, the Respondent Nos. 5 to 13 herein, have been promoted to officiate in the rank of Deputy Conservator of Forests with effect from the date of their joining against posts created vide Memo No. FRE.159/2005/23 dated 18.2.2006, on the ground that before promoting the Respondent Nos. 5 to 13 to the post of Deputy Conservator of Forests, no selection was held under the provisions of the Assam Forest Service (Class-I) Rules, 1942, (for short hereinafter referred to as 'Rules'), and though the Appellant came within the zone of consideration, his case for promotion to the post of Deputy Conservator of Forests was not considered.

(3.) In the writ petition, the Appellant also prayed for directing the State Respondents to consider his case for promotion to the post of Deputy Conservator of Forests created vide aforesaid communication dated 18.2.2006 against which the Respondents 5 to 13 were promoted.