SIBANANDA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Choudhury, learned Counsel for the Petitioners. Also heard Mr. H. Rahman, learned Junior Government Advocate, for State Respondent Nos. 1, 2 and 3, Mr. G. Uzir, learned Counsel, for Respondents Nos. 4-7 and Sri B. D. Goswami, learned Counsel, for Respondent Nos. 11-17.

(2.) The facts of this case are very simple and short. The question of law involved is rather considerably serious and important.

(3.) The Petitioner No. 2, on being selected by the Assam Public Service Commission ('APSC') and on completion of Ranger training at Dehradun, joined as a Ranger in Soil Conservation Department, Government of Assam, on 1.4.1972. He was promoted as Assistant Soil Conservation Officer w.e.f. 29.1.1988. The Petitioner No. 1 also entered into service on 27.7.1982 as Soil Conservation Officer on being selected by the APSC. He was promoted to the rank of Divisional Soil Conservation Officer ('DSCO') on 13.9.1991. So also the Petitioner No. 2 was promoted to the rank of DSCO on 18.1.1996. The Government of Assam prepared a draft Recruitment Rules called Assam Soil Conservation (Recruitment and Promotion to the Service) Order, 1988, ('1988 Order') on 29.10.1988. As per the aforesaid '1988 Order', the cadre strength Joint Director is 6. Out of 6 posts, 2 are permanent and 4 are temporary. The total cadre strength of Joint Director was reduced to 4 with the creation of new cadre called Additional Director of Soil Conservation with 2 posts. 3 posts of Joint Director fell vacant. Another vacancy of 1 post of Joint Director was anticipated. The Respondent authorities, therefore, decided to hold Departmental Promotion Committee ('DPC') for filling up 4 posts of Joint Director under the provision of '1988 Order', As per provision under Rule 8(i)(b) of the said '1988 Order', the post of DSCO is the feeder post for promotion to the post of Joint Director. Rule 9(ii) provides for constitution of selection committee for considering the promotion to the posts of Joint Director (Soil Conservation), DSCO and Soil Conservation Ranger, Assistant Soil Conservation Officer and Soil Conservation Ranger with the following members: