BALWANT SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Buragohain, learned counsel for the petitioner. Also heard Mr. D. Nath, learned senior Government Advocate, Assam for the State respondents. No one appears for the private respondents, though notice is served upon them as per order dtd. 20/11/2020.

(2.) Petitioner's grievance is with regard to the consideration of the petitioner's case by the DPC held on 21/9/2017, for promotion from the post of Assistant Executive Engineer to the post of Executive Engineer, PWD (Roads), Government of Assam. The grievance of the petitioner is that the DPC did not consider the 2015-2016 ACR of the petitioner and other eligible candidates, in respect of the vacancies that occurred in the post of Executive Engineer (EE) in the year 2016. The DPC considered the ACRs of the petitioner and other eligible candidates for the years 2010-2011 to 2014-2015. The stand of the petitioner is that if the respondents/DPC had considered the petitioner's 2015-2016 ACR (in which he was graded "Outstanding") for the 2016 vacancies, the petitioner would have secured the benchmark for promotion to the post of EE and consequently, would have retained his seniority over the private respondents.

(3.) Petitioner's case in brief is that the petitioner had always been senior to the private respondents in the Grade of Assistant Engineer (AE) and Assistant Executive Engineer (AEE). The State respondents, while considering promotion of the petitioner and the private respondents from the post of AEE to EE, had promoted the petitioner against a 2017 vacancy, while the private respondents were promoted against 2016 vacancies. In view of the petitioner being promoted against a later vacancy, the petitioner's seniority position in the inter-se seniority list/gradation list was placed below the private respondents. Accordingly, the petitioner has made a challenge to the inter-se seniority lists dtd. 1/9/2018 and 11/4/2019.