BHABANIDHAR CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) These cases were heard together, and are being disposed of by a common judgment as they arise out of the same set of facts and involve the same questions of law.

(2.) The facts briefly are that for the year 2000, 9 vacancies in the post of Additional Chief Engineer (Civil), (hereinafter referred to as "Addl. CE(C)"), were assessed by the Government. But the State Level Empowered Committee, (for short "SLEC") constituted by Office Memorandum dated 6.12.1999 of the Government of Assam, Finance (Budget) Department with a view to optimising the utilisation off the services of the existing Government employees cleared the filling up of a total of 9 vacancies in the post of Addl. CE(C) upto 31.12.2000. Since 5 vacancies out of the 9 vacancies had been filled up from the select list dated 11.10.1999 for the year 1999, the Selection Board considered Superintending Engineers, Public Works Department, for promotion to 4 remaining posts of Addl. CE(C), Public Works Department and made its recommendation accordingly, and on the basis of the said recommendation a select list dated 13.9.2000 pf 8 Superintending Engineers, (for short "SE(C)") for promotion to the rank of Addl. CE(C), Public Works Department, (for short "PWD") was notified by the Government of Assam, PWD. Aggrieved by the said notification dated 13.9.2000 notifying the list of 8 SE(C) for promotion to the rank of Addl. CE(C), PWD, the appellant in Writ Appeal No. 129/2001 filed Writ Petition (Civil) No. 5756/2000. By judgment and order dated 12.4.2001, the learned Single Judge dismissed the writ petition. Writ AppealNo. 129/2001 is against the said judgment and order dated 12.4.2001 of the learned Single Judge in Writ. Petition (Civil) No. 5756/2000.

(3.) The petitioners in Writ Petition (Civil) Nos. 4482/2000 and 4462/2000 have prayed for a direction on the State-respondents to promote them to rank of Addl. CE(C) on the basis of the earlier select list dated 11.10.1999 for the year 1999. The two petitioners, who are Scheduled Caste and Scheduled Tribe candidates, in Writ Petition (Civil) 6196/2000 have challenged the notification dated 13.9.2000 notifying the select list of candidates for promotion to the rank of Addl. CE(C) on the ground that the said select list has not been prepared in accordance with the provisions of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 and the rules made thereunder.