LAWS(GAU)-2004-11-39

BHUMIDHAR KALITA Vs. STATE OF ASSAM

Decided On November 24, 2004
BHUMIDHAR KALITA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Both the writ petitions are connected to each other dealing with the same claim and counter claim and thus were heard analogously and are being disposed of by this common judgment and order.

(2.) In WP(C) No. 1043/2003, the petitioners have assailed the vires of Rule 12 (4) (v) of the Assam Agricultural Service Rules, 1980 on ground of being inconsistent with the other provisions of the Rules. The prayer made in the writ petition is to consider the case of the petitioners for promotion on that basis. On the other hand the petitioners in WP(C) No. 2195/2003 have made a prayer forpromotion consistently with the provisions of the said Rules with due reservations including reservations for backlogs as per the provisions of Assam SC & ST (Reservation of Vacancies and Posts) Act, 1978 and the Assam SC & ST (Reservation of Vacancies in Service and Posts) Rules, 1983.

(3.) The petitioners in WP(C) No. 1043/ 2003 are in the cadre of Junior Subject Matter Specialist (JSMS) in the Department of Agriculture, while the petitioners in WP(C) No. 2195/2003 are in the cadre of Agricultural Extension Officer (AEO).