ANOWARA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) All these writ petitions raising a common cause of action were heard together and are disposed of by this common judgment and order.

(2.) The basic grievance in WP(C)/1899/2014 is with regard to an order dtd. 22/11/2013 by which 20 numbers of Statistical Assistants have been promoted to the rank of Child Development Project Officer (CDPO), which according to the petitioners, is beyond the prescribed quota of 4%. Further prayer has been made for issuance of a direction to revert back the 11 numbers of excess promotees who had joined the post of CDPO. In WP(C)/23/2014, the amendment in the year 2013 of the Service Orders of 1994 is questioned by which a quota has been fixed for promotion to the rank of CDPO from the rank of female Supervisors. While as per the petitioners, the quota should be 75 percent, the same has been reduced to 40 percent which is further sub-divided. WP (C)/2635/2013, makes a similar challenge whereby inclusion of Statistical Assistant in the feeder cadre for promotion to the rank of CDPO is questioned by the All Assam Supervisors' Association. WP(C)/3848/2021 pertains to a challenge on the Service Orders of 1994 as well as the Amendment Orders of 2013 fixing a certain quota for promotion to the rank of CDPO from the feeder cadre as well as for direct recruitment.

(3.) Heard Shri UK Nair, learned Senior Counsel assisted by Shri M Islam, learned counsel for the petitioners whereas the State is represented by Shri D Saikia, learned Advocate General, Assam, who is assisted by Shri D Nath, learned Senior Government Advocate. Shri I Ahmed, learned counsel appears for the private respondent nos. 24, 25, 26 and 27 in WP(C)/1899/2014. Also heard Shri B Sinha, learned counsel for respondent nos. 4, 8 to 21 and 23 in WP(C)/1899/2014 as well as Shri R Islam, learned counsel for the respondent nos. 4, 8, 9 and 10 in WP(C)/23/2014. The records produced by Shri D Nath, learned State Counsel have been carefully examined.