MD. SAIFOR UDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B. Ahmed, learned Counsel for the petitioner and Mr. P.K. Saikia, learned Addl. Sr. Govt. Advocate, Assam appearing for the State respondents. Also heard Mr. S. Khound, learned Counsel appearing for the private respondent Nos. 4, 5 and 6. There is no representation for the private respondent No. 7.

(2.) The claim of the petitioner is that he has been working as work charged employee for a pretty long time under the establishment of Executive Engineer, P.W.D., Kokrajhar Road Division and subsequently he was placed temporarily as office Peon against the sanctioned post of newly created Kachugaon P.W.D. Road Sub-Division under Kokrajhar Road Division vide office order No. 216 dated 12.7.1984. His appointment as office Peon was confirmed and in the meantime he passed the H.S.L.C. Examination in the year 1987 and he become qualified for holding the post of Grade III post including L.D. Assistant. He made a prayer vide his application dated 24.5.1999 for up-gradation of the post from office Peon to L.D. Assistant. There were other contenders for the post of L.D, Assistant and Daftry. The Executive Engineer, P.W.D. vide his letter dated 9.9.1999 forwarded the petitioner's case to the Chief Engineer, P.W.D. (Road) Assam for up-gradation of the post held by him to the post of L.D. Assistant. In the meanwhile the post of Daftry fell vacant w.e.f. 1.4.2000 under the PWD (Road) Division. As list of Peons was prepared for promotion to the post of Daftry (Annexure 9 to the writ petition). In the said list the petitioner's name appeared at Serial No. 5 while the private respondents name appeared at Sl. No. 7. The candidates at Sl. Nos. 1 and 2 had already retired. The persons at Sl. Nos. 3 and 4 have foregone the promotion and by that way the petitioner's turn came for promotion to the post of Daftry. He claims as he is at Sl. No. 5, he is senior to the private respondent and as such he is entitled to get the promotion to the post of Daftry but the respondent authorities have deprived him of the said promotion by promoting private respondent No. 7 as L.D. Assistant.

(3.) Dr. Ahmed, learned Counsel for the petitioner submits that the State Government under the provision of Rule 6 (a & b) of the Assam Ministerial District Establishment Service Rules, 1967 for promotion to Grade IV employees to Grade III framed a scheme which was circulated vide ABP-11/72/117 dated Shillong 26.9.1973 providing quota/reservation of 10% of the vacancies in the cadre of L.D. Assistant in the amalgamated establishment of the Deputy Commissioner's office. Dr. Ahmed submits that the aforesaid quota of 10% has been increased to 15% and the petitioner is entitled to get the benefit under the said scheme. He further submits that the petitioner is to be appointed/promoted directly under the aforesaid provision without resorting to regular recruitment process inasmuch as there are sufficient vacancies to accommodate the petitioner.