BIPUL SARMA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioner, and Mr. B.J. Ghosh, learned Government Advocate, appearing on behalf of the respondents.

(2.) The petitioner, namely, Bipul Sarma, was appointed as Laboratory Gr-IV in Assam Forensic Science Laboratory (hereinafter referred to as 'the FSL'). The petitioner joined the service on 15.9.1981 and he was confirmed in the said post on 10.11.1990. While remaining in service, the petitioner passed the Higher Secondary Examinations in 1992.

(3.) Claiming that he was being illegally denied promotion to the post of Laboratory Assistant/Laboratory Technician, the petitioner impugned the promotion of three persons to the post of Laboratory Technician by way of a writ petition, made under Art. 226 of the Constitution of India, which gave rise to WP(C) No. 601/1999, wherein the said three persons stood impleaded as respondent Nos. 5, 6 and 7. Having found that though the petitioner was eligible for promotion to the post of Laboratory Assistant/Laboratory Technician, he was junior to the respondent Nos. 5, 6 and 7, in the said writ petition, the writ petition No. 601/1999 aforementioned was, therefore, disposed of, on 21.12.2001, with the observations that if any post of Laboratory Assistant is lying vacant, the case of the petitioner may be considered along with other eligible persons in accordance with the relevant rules and regulations governing such promotion.