ABANI KUMAR GOSWAMI Vs. ASSAM PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The brief facts are as follows: A writ application was filed by nine persons being Civil Rule Nos. 5055 of 1995. Their case was that they are working in different posts in the Finance Department, Govt. of Assam and at the point of time the tenure of their service in the said Department was more than five years (see para 1 of the writ application). It was also claimed that all of them had the qualification to be appointed/ promoted as Finance & Accounts Officer/ Treasury Officer/Deputy Director-Audit in Class-I Grade-Ill cadre of Assam Finance Service.

(2.) An advertisement was issued on 17.7.93, which amongst others was published in the Assam Tribune inviting application for 18 posts of Finance & Accounts Officer/ Treasury Officer/Deputy Director-Audit (LF) in Class-I, Grade-Ill cadre of Assam Finance Service in the scale of pay as mentioned thereon. The break up was General 11 + Reserved 7. That copy of the advertisement was annexed to the writ application as Annexure-I. In response to the aforesaid advertisement the petitioners and others submitted application. The Assam Public Service Commission (hereinafter referred to as the "Commission") also conducted a written examination on 22nd and 23rd October, 1994. On the basis of the written examination the Commission called 89 successful candidates including the petitioners for oral interview. The oral interview was held on different dates i.e., on 6th, 7th, 10th, 11th and 12th July, 1995.

(3.) The Commission did not publish the select list for more that one year. It is the case of the petitioners which is also admitted by the State of Assam that after the advertisement was made some more post fell vacant and under the circumstances, the Secretary to the Govt. of Assam, Finance Department wrote a D.O. letter on 14.7.95 to the Commission requesting the Commission to select the candidates to fill up 45 vacant posts. But the select list was published by the Commission for 19 candidates only inspite of the fact that the Finance Department asked for requisite number of candidates to fill up 45 vacancies. The said select list is claimed to be published on 12.9.95. The select list was published againsit 18 posts mentioned in the advertisement. After publication of the select list, on 25.9.95 another letter was written by the Secretary requesting the Commission to send 20 more names of selected candidates for the said posts in view of the fact that many posts were lying vacant. Thereafter, names of the another 6 persons were sent and it is the case of the petitioners that those 6 candidates are from the waiting list. In fact no waiting list was at all published by the Commission. On the basis of the select list the 19 persons whose names were forwarded by the Commission were appointed and subsequently another 6 persons whose names were sent also have been appointed against backlog of Schedule Caste and Scheduled Tribe candidate which was not at all mentioned in the advertisement which was published, Petitioner's further case was that the petitioners are entitled to benefit under the Assam Finance Service Rules, 1963 specially the benefit of promotion under Rule 6(4) read with the proviso thereto.