RAMEN CH KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions being directed against the promotion of the respondent No. 4 made by order dated 19.9.2002 were taken up for consideration together and are being disposed of by this common judgment and order.

(2.) The core facts are not in dispute and may be very briefly recited as here in under: The petitioner in WP(C) No. 6274 of 2002 Ramen Ch. Kalita was at the relevant point of time, at sl. No. 19 of the gradation list of Executive Engineer in the Public Works Department of the State of Assam. The writ petitioners in WP(C) No. 6606 of 2002 i.e. Smti Nayan Sarma and Hrisikesh Choudhury were placed at sl. No. 14 and 43 of the said gradation list of Executive Engineer. The position of the respondent No. 4 Ajoy Chandra Bordoloi in the said gradation list was at sl. No. 61. Under Rule 13 of the Assam Engineering (Public Works Department) Service Rules, 1978 the post of Executive Engineer is a feeder post for promotion to the rank of Superintending Engineer. A selection for promotion to the post of Superintending Engineer was held on 23.7.02 and a select list was published on 1.8.02. In the aforesaid select list while the name of the respondent No. 4 appeared at sl. No.l, the petitioner were placed at sl. Nos. 18, 14 and 43 respectively. Pursuant to the aforesaid selection, by an order dated 19.9.2002, the respondent No. 4 was promoted to the rank of Superintending Engineer. Being aggrieved, the instant recourse to the writ remedy of this court has been made by the writ petitioners, who, during the pendency of the proceeding have also been promoted to the rank of Superintending Engineer. As the promotion of respondent No. 4, made earlier, has the effect of conferring seniority on the said respondent in the rank of Superintending Engineer over the writ petitioners, the grievance expressed in the writ petition continue and have been agitated in the course of the oral arguments advanced.

(3.) The criteria for promotion under Rule 13(4) of the Rules is merit and suitability with due regard to the seniority upto the rank of S.E. and thereafter to the other higher posts in the Department, promotions are to be made following the principle of merit-cum-seniority. The aforesaid position was brought in by an amendment to the Rules made in the year 1983. Earlier, it must be noticed, the criteria for promotion was merit cum-seniority upto the rank of Executive Engineer and thereafter to the other higher posts on the basis of merit alone. Promotion to the post of SE, under the earlier Rules, was therefore on the basis of merit which criteria was altered to one of merit and suitability with due regard to seniority.