BHABANI DHAR CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India the petitioner prays for a writ in the nature of Mandamus and/or Certiorari to set aside and quash the Select List dated 13.09.2000 selecting the respondent No. 3 and 4 for promotion to the post of Additional Chief Engineer, PWD (Civil) pursuant to the recommendation of the Selection Committee in its meeting held on 09.08.2000.

(2.) Facts in compendium are these. The petitioner entered into service as Assistant Engineer under the Public Works Department and joined the said post on 22.04.66. In 1976 he was promoted to the post of Sub-Divisional Officer (re-designated as Assistant Executive Engineer). In 1988 the petitioner was promoted to the post of Executive Engineer and some time in April, 1999 he was further promoted to the rank of Superintending Engineer. The petitioner is now holding the post of Deputy Secretary and in addition to his duties as Deputy Secretary, he is also holding the charge of Officer on Special Duty which is equivalent to Joint Secretary rank in the Public Works Department (hereinafter for short 'PWD'). In the seniority list issued by the Secretary to the Govt. of Assam. PWD vide Notification No. CON.12/94/Pt/94 dated 13.08.99 the name of the petitioner figured at S1. No. 26 whereas the name of the respondent No. 3 figured at S1. No. 32. Some time in 1999 seven vacancies in the post of Additional Chief Engineer had occurred for promotion from the rank of Superintending Engineer. The Selection Board in its meeting held on 18.08.99 recommended a list of 14 officers. The said select list was approved by the appropriate authority in its notification dated 11.10.99. In the said Selection Board the case of the petitioner was considered along with other eligible candidates falling within the zone of consideration. However, the petitioner was not found suitable in the Selection held on 18.08.99. His name, therefore, does not figure in the notification dated 11.10.99 approving the select list for promotion to the post of Additional Chief Engineer. In the notification dated 11.10.99 it has been specifically stated that the select list will remain valid for 12 calendar months from the date of approval of the Selection Board. It may be mentioned that in the: said select list as many as 14 Superintending Engineers have been recommended for the vacant posts of 7 (seven) Additional Chief Engineer in accordance with the provisions of the rules and promoted. As already stated, the petitioner has not been selected along with others although his name was considered. Thereafter, consequent upon the recommendation of the Selection Board meeting held on 09.08.2000 the authority published select list of 8 officers of Superintending Engineer rank for promotion to 4 vacancies of Additional Chief Engineer under PWD by notification dated 13.09.2000. In the Selection Board meeting held on 09.08.2000 for 4 vacancies of Additional Chief Engineer as many as 16 candidates including the petitioner were considered. However, the petitioner was not found suitable and consequently the respondent No. 3 and 4 have been recommended along with others and approved by the notification dated 13. 09.2000 for promotion to the post of Additional Chief Engineer. It is the specific case of the petitioner that in the seniority list published by the authority in the cadre of Superintending Engineer the respondent No. 3 figured at S1. No. 32 where as the name of the petitioner appeared at S1. No. 26 and therefore the impugned recommendation dated 09.08.2000 and the notification dated 13.09.2000 approving the recommendation of the select list has to be quashed. The petitioner also prayed for fresh selection for promotion to the rank of Additional Chief Engineer.

(3.) In the facts and circumstances recited above, the petitioner prayed for the following relief. To set aside and quash the impugned select list dated 13.09.2000 as arbitrary and illegal and direct the respondents not to give any appointment on the basis of the select list dated 13.09.2000 and directing the respondent No. 1 and 2 to hold fresh selection for promotion to the rank of Additional Chief Engineer(C) by taking up all the anticipated vacancies as per the rules and also for a direction to be issued to the respondents not to disturb the petitioner from the post; till fresh selection is made by the respondent and also prayed for stay operation of the select list dated 13.09.2000.