PRADIP NAMOSUDRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Choudhury, learned counsel for the petitioner and Mr. S. Bora, learned Standing Counsel, Guwahati Municipal Corporation. By way of this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to promote/upgrade him from the post of Mazdoor to the post of Pipe Fitter in the Water Works Branch of Guwahati Municipal Corporation (GMC).

(2.) Case of the petitioner is that he belongs to Scheduled Caste community and in the year 1991 he joined GMC as Mazdoor on muster roll basis. Ultimately, service of the petitioner was regularized as Mazdoor in the Water Works Branch of GMC by order dated 15.6.1996 with effect from 1.3.1996 issued by the Commissioner, GMC following approval of GMC in its meeting held on 27.05.1996. Since 1996 petitioner is serving as Mazdoor without a single promotion though he is in the said post for almost 18 years now. Workers similarly placed like the petitioner were promoted/upgraded in the Water Works Branch of GMC by order dated 16.12.2000 issued by the Commissioner, GMC. Some were upgraded as Skilled Gangman, some as Assistant Pipe Fitters, whereas some as Fitter Operator and others as Valve Regulator. By a recent order dated 14.5.2013 issued by the Commissioner, GMC, 4 Assistant Pipe Fitters have been promoted to the post of Pipe Fitter. In that process, case of the petitioner was ignored and he was not considered for promotion. Accordingly, with the grievance that case of the petitioner was repeatedly overlooked, petitioner has filed the present writ petition seeking the relief as indicated above.

(3.) This Court by order dated 15.11.2013, while issuing notice, passed an interim order directing that one post of Pipe Fitter in the Water Works Branch of GMC shall be kept vacant