AMAR CHAKRABORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, herein, who is presently working as a Supervisory Assistant in the establishment of the District and Sessions Judge's Court at Dhubri, being aggrieved by the promotion granted to the respondent No.6 vide Order bearing No.31 dtd. 3/3/2022 has filed the instant writ petition.

(2.) I have heard Mr. I Hassan, the learned counsel appearing on behalf of the petitioner. Also heard Mr. SC Biswas, the learned counsel appearing on behalf of the respondent No.6; Ms. S Sarma, learned counsel for the respondent Nos. 2, 3, 4 and 5; and Ms. S Baruah, the learned Government Advocate appearing on behalf of the respondent No.1, being the State of Assam.

(3.) The facts which are discernible from the perusal of the pleadings on record show that the petitioner herein joined in the services of the establishment of the District and Sessions Judge Dhubri on 1/6/2006 in the post of Lower Division Assistant (for short, LDA), thereupon on 1/3/2015, the petitioner was promoted to the post of Upper Division Assistant (for short, UDA). Subsequent thereto on 21/12/2020, the petitioner was further promoted to the post of Supervisory Assistant. It is also seen from the records that the respondent No.6 was also appointed as an LDA in the same establishment on 1/6/2006, however, he was promoted to the post of UDA on 1/4/2015. Be that as it may, the promotion of the petitioner and the respondent No.6 to the post of Supervisory Assistant is on the same date i.e. on 21/12/2020. The records further reveal that a notice was issued by the respondent No.5 on 15/2/2022 for the purpose of filing up the post of Civil Sheristadar, wherefrom it is seen that various employees including the petitioner and the private respondent were informed that an oral interview/viva voce for promotion to the higher post was scheduled to be held on 17/2/2022 in the Chamber of the District and Sessions Judge, Dhubri. The petitioner along with others duly participated in the said selection process. Pursuant thereto on 3/3/2022, an order was issued by the respondent No.5 whereby the respondent No.6 who was junior to the petitioner was promoted to the post of Civil Sheristadar in the office of the Munsiff No.1 Dhubri, whereas the petitioner was not. It is under the said circumstances, the petitioner being aggrieved has approached this Court challenging the order dtd. 3/3/2022.