BALINDRA PRAN KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extraordinary jurisdiction conferred upon this Court by Article 226 of the Constitution of India has been sought to be invoked by means of this writ petition. The issue relates to a claim for promotion of the petitioner, which, according to him was entitled to and therefore to give the effect of such promotion. At the outset, it may however be mentioned that the petitioner had retired from his services on 31/10/2011.

(2.) Before coming to the issue which has fallen for consideration, it would be convenient if the facts of the case are narrated in brief.

(3.) The petitioner was appointed in the year 1981 as an ACS officer Class II. He had retired from service on 31/10/2011 on attaining the age of superannuation and at that point of time, he was holding the post of Joint Secretary to the Government of Assam, Department of Secretariat Administration. The grievance of the petitioner pertains to the aspect of promotion from the rank of Senior Grade II to Senior Grade I of the ACS for the year 2011. It is the specific case of the petitioner that there was failure on the part of the respondent authorities to undertake the exercise for promotion which mandates an assessment of the vacancies in the coming year and such assessment is to be made by the end of the previous year. It is contended that though the petitioner was within the zone of consideration, no such exercise was undertaken, as a result of which, before the exercise of promotion could be undertaken, the petitioner had retired from his service.