GANESH CHANDRA PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Dubey, learned counsel for the petitioner and Mrs. M.D. Borah, learned Govt. Advocate, appearing for the respondents.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the legality of the order dated 06.06.2017, passed by the Addl. Secretary to the Govt. of Assam, Transport Department by which the respondent authorities had revoked the promotion of the petitioner to the post of Enforcement Inspector ( EI for short), despite the fact that he had superannuated as EI on 31.03.2017.

(3.) The facts which are not in dispute is that the petitioner had joined service as Lower Division Assistant ( LDA for short) vide order dated 04.10.1985. Thereafter, by order dated 16.09.2013, he was promoted to the post of Upper Division Assistant ( UDA for short). The Transport Department held Departmental Promotion Committee ( DPC for short) on 30.07.2013 for selecting candidates for promotion to the post of EI for the vacancies arising in the year 2010, 2012 and 2013, and the name of the petitioner and others were recommended by the DPC. Accordingly, the petitioner was promoted to the post of EI vide notification no. TMV.43/2010/163 dated 24.01.2014 issued by the Principal Secretary to the Govt. of Assam, Transport Department (respondent no.1). The petitioner joined in the post of EI on 27.01.2014 and superannuated in the said post on 31.03.2017.