SWAPAN KUMAR HANDIQUE Vs. PADMA DHAR DEKA

JUDGEMENT

(1.) All these writ appeals involve common question of law and facts and as such these are disposed of by this common Judgment.

(2.) Heard the learned counsel for the parties.

(3.) The matter relates to promotion of the Assistant Engineer and Executive Engineer to the post of Executive Engineer and Superintending Engineer respectively. Petitioners in the various writ petitions out of which the present writ appeals have arisen are all employees of the Assam State Electricity Board, for short, the ASEB. Assam Engineering Service Regulations, 1973 framed and published by the ASEB governs the matter of promotion. As per Regulation 12 the appointment by promotion shall be made on the basis of seniority with due regard to merit and suitability in all respects as may be assessed from the Annual Confidential Reports in respect of the officers concerned. The Regulation contains other parametres and conditions for such promotion. The Regulations were thereafter amended in the year 1983, hereinafter referred as 1983 amendment which provided that the promotion should be given on the basis of merit cum seniority. Subsequently on 27.8.1992 the regulations were again amended providing for selection based on performance appraisals and suitability for inclusion in the panel. The performance appraisals formats were introduced. The 1992 amended Regulations were again amended vide notification issued on 1.9.1995. The 1992 amendment provides: