ANITA HALDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner assailing the order dtd. 27/6/2011 issued by the Executive Engineer, Public Works Department (Roads), Guwahati City Division No.I; for a writ of mandamus thereby directing the respondents to allow the petitioner to work as Lower Division Assistant (LDA) in the Office of the G. K. Sub-Division in terms with the order dtd. 30/9/2004 as well as for a direction upon the respondents to regularize the services of the petitioner as Work Charged Khalashi and promote the petitioner into the post of Grade-III by appointing her as LDA in the Office of the Executive Engineer, Public Works Department (Roads), Guwahati City Division No.I.

(2.) The facts as could be discerned from the writ petition are that the petitioner was appointed as a Work Charged Khalashi in the year 1994. The petitioner thereupon, in the year 1997, passed her Bachelor of Arts Examination. Subsequent thereto, the petitioner filed a writ petition being WP(C) No.4253/2004 wherein the petitioner claimed that as she was a graduate and there were approximately six vacancies in the cadre of LDA, the petitioner be considered for appointed as Grade-III employee as per the Government policy embodied in the letter dtd. 25/5/1992. The said writ petition was disposed of vide an order dtd. 22/6/2004 thereby directing the respondent authorities, particularly the respondent No.3, namely, the Executive Engineer, Public Works Department (Roads), Guwahati City Division first to ascertain the number of vacancies in the cadre of LDA required to be filed up by promotion under the Government policy and thereafter to fill up the same by promoting Grade-IV employees having requisite qualifications. It was further observed that the petitioner, being a graduate, is entitled to be considered for promotion under the aforesaid policy and her case should also be considered along with the other similarly situated eligible persons in accordance with the provisions of law. It was further directed that the representation so submitted by the petitioner on 8/6/2004 should also be taken into consideration while making appointment to the post of LDA. Thereupon, on the basis of the order dtd. 22/6/2004, there have been certain inter-departmental communications.

(3.) On 30/9/2004, an order was issued by the Executive Engineer, Public Works Department (Roads) whereby in pursuance to a letter issued by the under Secretary to the Government of Assam dtd. 29/9/2004 as well as the Finance Memorandum dtd. 19/3/2004, the petitioner was temporality promoted to the post of LDA and placed in the G.K. Sub-Division in the scale of pay from the date of joining in her promoted post until further orders. Pursuant thereto, the petitioner joined her promotional post.