ARUN CHANDRA CHOWDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri A. Ahmed, learned counsel for the petitioner. Also heard Ms. M.M. Kataki, learned Standing Counsel, Animal Husbandry and Veterinary Department whereas the private respondent no. 5 is represented by Shri M. Pathak, learned counsel.

(2.) It is the promotion of the respondent no. 5 as Junior Assistant in the Department of Animal Husbandry and Veterinary which is the subject matter of challenge in this writ petition.

(3.) According to the petitioner, he was initially engaged as a Muster Roll Worker in the Department on 1/10/1986 whereas the respondent no. 5 was engaged at a later point of time on 1/10/1992. Both the petitioner and the respondent no. 5 were however regularized vide a common order dtd. 30/9/2005 in the establishment of the Deputy Director of Diary Development (Zonal) Nalbari. On such regularization, the parties were to be considered for further promotions subject to fulfilling the criteria laid down. In the meantime, a Gradation List was published wherein the petitioner was placed against Sl. No. 37 and the respondent no. 5 was at Sl. No. 128. The petitioner also claims to have participated in a training programme and various documents have also been pressed into service to contend that the petitioner was entrusted with additional duties pertaining to Grade-III post. On 16/2/2018, the Selection Committee held a meeting and in the said meeting, the respondent no. 5 was selected for appointment to the post of Junior Assistant, as indicated above, it is this exercise which is the subject matter of challenge.