GOPAL KRISHNA DHAR SENAPATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this petition the legality and validity of the Assam Stenographers' Service ( Amendment) Rules, 1999 has been challenged. The amendment rules reads as follows:- "NOTIFICATION Dated Dispur, the 11 th June '99 No. SAE/11/74/274 : In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Assam is hereby pleased to make the following rules further to amend the Assam Stenographers' Service Rules, 1995, hereinafter referred to as the principal rules, in the manner hereinafter appearing, namely:- Short title and commencement :-

(2.) Sub-rule (1) of Rule 11 as it stood before the amendment made on 11th June, 1999 reads as follows:-

(3.) It would appear that by the above amendment in 1999, the Stenographers (Grade-I) have been ousted from the consideration zone for promotion to the cadre of Special Officer and Ex-Officio Deputy Secretary and/or Senior Grade Stenographers and Ex-Officio Under Secretary to the Government of Assam hitherto they were entitled under the rules before amendment. Shri H.N, Sarma, learned counsel for the petitioners argued, that the impugned amendment is discriminatory as it is based on unintelligible classification ordained to keep the petitioners and others alike out of the consideration zone for promotion to the next higher grade. Shri Sarma submitted that the amendment is unconstitutional as it violates the constitutional and other legal rights of the petitioners and, hence, may be set asid* and quashed with consequential directions for promotion of the petitioners to the pcost of Senior Grade Stenographers and'Ex-Officio Under Secretary to the Government of Assam with pay benefits.