MRINAL KANTI SEAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The grievance raised in this petition filed under Article 226 of the Constitution of India is with regard to the promotion which the petitioners claim from Grade IV to Grade III under the Assam Ministerial District Establishment Service Rules, 1967 (hereinafter the Rules, 1967).

(2.) The background facts leading to the aforesaid claim are narrated hereinbelow in brief.

(3.) While the petitioner no. 1 was appointed as Process Server on 12/10/1993, the petitioner no. 2 was appointed as a Peon on 31/8/1988 in the establishment of the Office of the deputy Commissioner, Hailakandi. It is not in dispute that both the aforesaid posts are in the Grade IV. The post in Grade III has a promotional quota of 10% which are to be filled up from eligible candidates in the feeder cadre of Grade IV and the educational qualification at that time was prescribed to be Higher Secondary. It is the case of the petitioners that both of them were eligible for such consideration and in spite of meeting the eligibility criteria, both by means of educational qualification and other factors, the petitioners were not given the benefit of promotion. The Rules however had undergone an amendment in the year 2015 wherein the minimum qualification was amended from Higher Secondary to Graduation. The petitioners contends that the Rules being prospective in nature, the cases of the petitioners can still be considered as they were eligible during the period till 2015 and therefore, a direction be issued for their promotion.