RAMA KANTA PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Khan, learned counsel for the petitioner and Mr. J.K.Goswami, learned counsel for the respondent No.5. Also heard Mr. R.K. Talukdar, learned counsel, appearing for the respondent No. 3.

(2.) This writ petition has been filed by the petitioner seeking promotion to the post of Lower Division Assistant (LDA) in the Establishment of Treasury Office, Karimganj District of Assam in accordance with Rule 11 of the Assam Treasury (Establishment) Service Rules, 1993, with retrospective effect from the date of promotion of the similarly situated person namely Sri Taybur Rahman, who was promoted to the said post with all other service benefits available in the service Rules.

(3.) The only contention raised by the petitioner, who is working as Grade-IV peon in the Establishment of the Treasury Office, Karimganj since 11/11/1996 is seeking promotion to the post of LDA in the Establishment of the Treasury Office, Karimganj District is that one Taybur Rahman, who was also working as Grade- IV employee in the establishment of the Treasury Office, Karimganj District and senior to the petitioner was promoted as LDA on 12/1/2011 in terms of the Rule 11 of the Assam Treasury (Establishment) Service Rules, 1993. The said Taybur Rahman was further promoted to the post of Junior Accounts Officer on 24/9/2014. The petitioner, therefore, contends that in the post of LDA vacated by the said Taybur Rahman who himself was a promotee, the petitioner now being the senior-most Grade-IV employee is entitled to be considered for promotion in the said post of LDA.