CHITRA KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. MK Choudhury, the learned Sr. Counsel appearing for the petitioners. Mr. M. Bhuyan, the learned counsel appears for Respondent Nos.4,5,6 & 8 who have filed the Misc. Case No.90/2014 for vacating the court's interim order dated 08.08.2013 (Annexure -1) in WP(C) No.4424/2013. The State respondents are represented by Mr. U. Rajbongshi, the Standing Counsel, Transport Department.

(2.) THE promotion recommended by the DPC on 30.07.2013 to the cadre of Enforcement Inspector from the rank of Asstt. Enforcement Inspector was stayed by the interim order of 08.08.2013. The interim order was passed on the writ petitioners argument that the private respondents are aged above 50 years and therefore they do not satisfy the eligibility criteria specified in Rule 11(6)(i) of the Assam Transport Services, 2003 (hereinafter referred to as the "2003 Rules"). Proceeding on this basis, the court prima facie found that the private respondents are ineligible for promotion and accordingly as an interim measure, the recommendation made by the DPC on 30.07.2013 was stayed by the court.

(3.) FOR the applicants/respondents, Mr. M. Bhuyan, the learned counsel submits that under Rule 26 of the 2003 Rules in the event of hardship in a given case, the Government can relax the requirement of Rules and accordingly it is argued that since recommendation of the DPC cannot be implemented without relaxation order for the recommended respondents, the interim order should not have been passed by the court.