KHAGENDRA NATH SARMA Vs. LEENA THAKURIA

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned senior counsel assisted by Mr. U.K. Nair, learned counsel for the applicants and Mr. P.J. Saikia, learned counsel for the opposite parties/writ petitioners. I have also heard Mr. P. Roy, learned Additional Advocate General, Assam and Dr. B. Ahmed, learned Standing Counsel, Irrigation Department Mr. M.H. Ahmed, learned counsel who has appeared on behalf of some of the private respondents in the related writ petition has also been heard. Applicants, who are respondents in the related writ petition WP(C) No. 707/2014, have filed this application for vacation and/or modification of the interim order dated 12.2.2014 whereby this Court had directed that there would be no further promotion to the post of Assistant Executive Engineer in the Irrigation Department The application has been registered as Misc. Case No. 726/2014.

(2.) On 25.3.2014, this Court took the view that considering the subject matter of the writ petition, it would be appropriate if the entire matter is taken up for final disposal. While fixing the writ petition for final hearing on 22.5.2014, it was observed that if for any reason, the writ petition could not be taken up for disposal, applicants would be at liberty to press the Misc. case. Since the writ petition could not be finally heard, applicants have pressed this application in terms of the order dated 25.3.2014. Accordingly, the matter was heard at considerable length on 24.7.2014.

(3.) Opposite party Nos. 1 to 15 as the writ petitioners (hereafter referred to writ petitioners) have filed WP(C) No. 707/2014. Case of the writ petitioners as projected in the writ petition is that they belong to reserve categories such as Scheduled Tribe (Plains) ST(P), Scheduled Tribe (Hills) ST(H) and Scheduled Caste (SC). Writ petitioners were appointed as Assistant Engineer (Civil) in the Irrigation Department, Government of Assam in the year 2007. Presently they are serving as Assistant Engineer (Civil) and seek promotion to the next higher rank of Assistant Executive Engineer.