MANTU NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.S. Dey, learned counsel for the Petitioners and also Mr. P.K. Goswami, learned senior counsel for the private Respondents. Also heard Mr. P.K. Musahary, learned State counsel.

(2.) During the course of argument it has been agreed that the petition in its entirety may be disposed of at this stage.

(3.) The Petitioners are working as Enforcement Checkers in the Transport Department, Govt. of Assam. The terms and conditions of their services are governed by the Assam Transport Service (Recruitment & Promotion to the post of Assistant Enforcement Inspector) Orders, 1990. These Rules have been framed by the Governor under proviso to Article 309 of the Constitution. Rule 3 provides that 50% of the posts in the cadre of Assistant Enforcement Inspector shall be filled up by direct recruitment through competitive examination in the manner prescribed in para 5(2) and the remaining 50% of the posts shall be filled up by promotion from amongst the Enforcement Checkers.