RANJAN BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. M. Sarma, and Mr. T. Chakraborty, learned counsel for the petitioners. Also heard Mr. R.R. Gogoi, learned standing counsel for Forest and Environment Department, representing respondent no.1, Mr. S. Baruah, learned standing counsel for the Pollution Control Board, Assam, representing respondent nos. 2 and 3, Mr. S. Hoque, learned counsel for the respondent no. 5 and Mr. A.C. Borbora, learned senior counsel, assisted by Mr. M. Smith, learned counsel for the respondent no.8. The respondent nos. 4, 6 and 7 have remained unrepresented.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioners have challenged the office order dtd. 27/7/2022, by which they were demoted from the rank of Environmental Scientist to the rank of Assistant Environmental Scientist in the Pollution Control Board, Assam (hereinafter referred to as 'PCBA' for short). Consequently, the petitioners have also prayed for directing the respondent authorities to allow them to discharge their duty as Environmental Scientist. Case of the petitioners, in brief:

(3.) The case of the petitioners, in brief is that in the year 1994-95, when they were appointed as Scientific Assistant in the PCBA, they were having the requisite B.Sc. Degrees. Although by office order dtd. 23/9/2013, pending approval of the PCBA the petitioners were upgraded to the newly created post of Environmental Scientist, but the petitioners maintain that they were promoted and not 'upgraded'. Thereafter, vide office order dtd. 12/8/2014, their service was regularized in the rank and post of Environmental Scientist. However, by the office order dtd. 27/7/2022, they were demoted to the rank and post of Assistant Environmental Scientist. The case of the petitioner is that the provision of Regulation 9(III)(a) and (c) of the Pollution Control Board, Assam (Employees' Service) Regulation, 2012 (hereinafter referred to as '2012 Regulation' for brevity) has been applied to them retrospectively. Submission of the learned counsel for the petitioners: