TILOTTAMA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the Annexure-E order dated 24.12.2007 by which the respondent Nos. 4 and 5 have been promoted to the post of Upper Division Assistant (UDA) from that of Lower Division Assistant (LDA). The petitioner has also challenged the minutes of the selection committee dated 14.12.2007 (Annexure-C).

(2.) THE basic grounds on which the petitioner has made the aforesaid challenge is that she being senior to the respondent Nos. 4 and 5, ought to have been preferred over the said two respondents. According to the petitioner, a gradation list was prepared by the Chief Judicial Magistrate, Darrang, Mong-oldoi on 06.12.2006 in which she was placed at serial No. 6 ahead of the said two respondents who had been placed at serial No. 7 and 8. In this connection, the petitioner has placed reliance on Annexure-D gradation list dated 06.12.2006. THE petitioner has also alleged that the reservation rules applicable to the case was not followed which resulted in deprivation of promotion to her.

(3.) IN the minutes of the meeting of the District Level Committee (DLC) held on 14.12.2007, the above aspects of the matter have been discussed in detail. The committee found all the three incumbents, i.e. the respondent Nos. 4 and 5 and the petitioner suitable for promotion. However, based on the aforesaid determination of seniority of the respondent Nos. 4 and 5 over the petitioner, they were promoted to the promotional post. The committee also resolved to promote the petitioner to the post of UDA in the establishment of the Addl. Chief Judicial Magistrate from the date of its functioning. Thus, it is not the case of deprivation of promotion to the petitioner. The selection committee was fully alive to the case of the petitioner, but in view of the aforesaid seniority position of the respondent Nos. 4 and 5 over her, she could not be promoted instant-aneously. However, it was resolved to promote her with the functioning of the court of the Addl. Chief Judicial Magistrate.