RAM SEVAK KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Considering the subject matter in dispute and also in view of the fact that pleadings have been exchanged, the present writ petition is taken up for disposal at the admission stage itself.

(2.) I have heard Ms. SB Choudhury, learned counsel for the petitioner. I have also heard Ms. MD Bora, learned Standing Counsel, Transport Department, Assam as well as Ms. B Bora, learned counsel for the Accountant General, respondent no.7. Ms. M Devi, learned counsel appears on behalf of the respondent no. 8.

(3.) The subject matter of challenge in this writ petition is an order dated 17.02.2020 by which, the private respondent no. 8 has been promoted to the post of Head Assistant. It is the case of the petitioner that the petitioner was appointed as a Lower Division Assistant (LDA) in the Inland Water Transport Department vide an order dated 23.12.1986 and subsequently promoted to the rank of UDA (Senior Assistant) on 04.04.2008 and his name was against Sl. No.4. By the said order, the respondent no. 8 was also promoted to the rank of UDA and was placed in Sl. No.2. It is the case of the petitioner that while he had joined as Senior Assistant on 16.04.2008, the respondent no. 8 had joined the said post of Senior Assistant on 30.04.2008. The post of UDA, being the feeder cadre for the post of Head Assistant, an exercise was undertaken in which the respondent no. 8 was selected and subsequently promoted as Head Assistant vide an order dated 17.02.2020. Being aggrieved by the order dated 17.02.2020, the petitioner had initially submitted a representation and thereafter also filed WP(C) No.1995/2020 in which an order dated 27.03.2020 was passed issuing notice and observing that the order of promotion would be subject to the outcome of the writ petition. However, since the private respondent no. 8 had already joined in the higher post of Head Assistant, the earlier writ petition was withdrawn and the present writ petition filed.