DHARANI DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE promotion order has been issued of the appellant -petitioner by one District Elementary Education Officer from the post of Lower Division Assistant of the office of the Deputy Inspector of Schools, North Lakhimpur to the post of Upper Division Assistant temporarily with effect from the date of joining. This order was subject to the approval of the Director of Elementary Education. The promotion order was sent for approval to the Director of Elementary Education, Assam. He has cancelled this order by its order dated 9 -2 -2001 on two grounds. First, that the order issued by the District Elementary Education Officer is issued during the ban period and secondly the order of promotion issued by the District Elementary Education Officer. Lakhimpur is without authority and is illegal void ab initio. Thus, the promotion order was not given approval by the Director of Elementary Education as there was a ban of giving promotion of posts, issued by the Government and secondly, the order of promotion was ab initio void as the authority promoting the petitioner appellant could not have exercised that power. The promotion from the post of Lower Division Assistants to the post of Upper Division Assistant has to be made on the basis of Seniority -cum -merit under the Assam Directorate Establishment (Ministerial) Service Rules, 1973, Apparently, selection committee has considered the case of the petitioner -appellant for promotion to the higher post. When the promotion is to be made on the basis of the seniority -cum -merit, it is incumbent on the part of the authority that the merit of the persons eligible for promotions has to be considered by the Selection committee on merit along with seniority. The promotion committee has to fix minimum merit criteria for promotion. There cannot be a criteria of seniority, alone, for grant of promotion to the higher post.

(2.) IN the present case, as the promotion has not been made in accordance with the relevant rules and thus, the approval authority was perfectly within its right to cancel it on the ground that the promotion order is ab initio void. Subsequent removal of the ban will not authorise the petitioner -appellant to claim promotion on the basis of the order, which was issued by the District Elementary Education Officer, Lakhimpur without any authority of law.