NAWAB NURUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE challenge in these two writ petitions is the appointment of the respondent No. 4 firstly, to the post of Sadar Head Assistant in the office of the Deputy Commissioner, Darrang and secondly, to the post of Administrative Officer. THE respondent No. 4 has been so promoted by the impugned orders date 01.07.2009 and 25.06.2010 issued by the Govt. of Assam in the General Administration (B) Department. According to the petitioner who has filed both the writ petitions, the said appointments of the respondent No. 4 is illegal and arbitrary. THE claim of the petitioner is that having regard to his long length of service and suitability, it is he who should have been appointed to the said posts.

(2.) THE recruitment to the aforesaid two posts has been made on the basis of the Assam Ministerial District Establishment Service Rules, 1967 (amended vide notification dated 02.03.2009). As per Rule 6 of the said Rules, recruitment to the post of Sadar Head Assistant shall be made by the appointing authority by selection from amongst the Upper Division Assistant (UDA) with at least 10 yeas of service as such to their credit including Supervisory Assistant in any Deputy Commissioner's establishment. As per the note appended to Rule 6, vacancies to the post of Sadar Head Assistant would be advertised by the Deputy Commissioner concerned inviting applications from the suitable persons. On receipt of the applications, the Deputy Commissioner and the Sub-Divisional Officers of the District concerned shall assess the comparative merit and ability of the candidates for the purpose of recommending the names of suitable candidates to the Commissioner concerned. THEreafter the Deputy Commissioner shall forward the recommendation of the selection Board together with character rolls and other relevant papers consisting of the applications to the Commissioner concerned who shall make the selection strictly on merit and make the appointment.

(3.) REFERRING to Annexure-I series orders of transfers and postings in different branches of the establishment of Deputy Commissioner, Darrang with which we are concerned in this proceeding, it is the case of the petitioner that he has the experience of working in different branches. REFERRING to Annexure-2 gradation list of Grade-III employees of the amalgamated establishment of the Deputy Commissioner, Darrang, it is the case of the petitioner that he being senior (serial No. 3) to the respondent No. 4 (serial No. 26), is entitled to get promotion to the aforesaid posts ahead of the respondent No. 4.