JOGEN CHANDRA THAKURIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this application under article 226 of the Constitution of India, petitioner challenges the recommendation of the Departmental Promotion Committee dated 11-02-2009 recommending promotion of respondent No. 7 to the post of Research Assistant and that of respondent Nos. 8 and 9 to the post of Sub-Inspector of Statistics in the Directorate of Dairy Development, Government of Assam. Further challenge made is to the legality and correctness of the consequential promotion orders dated 20-02-2009. Petitioner also seeks a direction for his promotion to the post of Research Assistant or to the post of Sub-Inspector of Statistics in the said Directorate. Case of the petitioner is that he joined in the post of Field Assistant (Statistics) in the Directorate of Dairy Development, Government of Assam following his appointment to the said post vide the appointment order dated 28-01-1986 issued by the Director of Dairy Development, Assam (respondent No. 5). Subsequently, his service was regularised vide the order dated 19-05-1987. Petitioner was thereafter promoted to the next higher post of Computer (Statistics) on 15-07-1991 and since then he is serving in the said post. Be it stated that the petitioner is a graduate in Arts (B.A.) with Economics as one of the subjects. Petitioner has undergone various training programmes and courses for which he has been awarded a number of certificates and diplomas.

(2.) The Department of Dairy Development was initially a part of the Animal Husbandry and Veterinary Department. Subsequently, it was carved out as a separate department.

(3.) The service conditions of the employees in the Statistical wing of the Dairy Development Department, Government of Assam are governed by the Assam Statistical Service under Dairy Development Department Service (Recruitment and Promotion) Order, 1996 ("1996 Service Order" hereafter). As per order 4(3) of the 1996 service order, ninety percent of the posts of Inspector of Statistics/Research Assistant are required to be filled up by promotion from the post of Sub-Inspector of Statistics. The qualification prescribed is that the candidates should have completed five years of continuous service and must possess a Bachelor Degree with Mathematics, Economics or Statistics as one of the subjects. The selection is to be made on the basis of merit-cum-seniority.