UPENDRA NATH BEZBARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Uzir, the learned counsel for the petitioner. Also heard Mr. A. K. Thakur, learned Addl. Sr. Govt. Advocate on behalf of the State respondents.

(2.) The petitioners, 7 (seven) in numbers are all Superintendents, serving in different Industrial Training Institutes (For short ITI). The short grievance raised in this petition is that, although there are existing vacancies of Principal in 24 numbers of I.T.Is in the State, the State Government has not filled up those posts; thereby not only stagnating the promotional avenues of the petitioners, but also having adverse affect on the academic training of the Students. It is the case of the petitioners that, these I.T.I.s being required to train the students in technical aspects, filling up of those posts and other vacant posts in the I.T.I, is a must for proper and effective training of the students. It has been submitted by Mr. Uzir that due to non-promotion to the rank of Principal from the qualified Superintendents, now serving in the I.T.Is., the petitioners have been adversely affected in their service career and they are stagnated in their posts for 10 to 16 years and accordingly, Mr. Uzir has prayed for necessary direction to the State Government to fill up the posts of those principals with immediate effect.

(3.) An affidavit in opposition has been filed on behalf of the State Government denying the contentions of the writ petitioners. Similar affidavit has also been filed by the respondent Nos. 4 & 5 wherein the background of the setting up of the I.T.Is. in the State is revealed. The respondent No. 4 & 5 in principle had not denied the allegations of the petitioners. None the less, it is the State Government, who is responsible for administration of the existing I.T.Is. of the State and the promotional and other conditions of service of the employees including the writ petitioners, who are being supervised as well as controlled by the State Government itself. In the affidavit in opposition of the State Government it is stated that four (4) posts of Senior Principals of I.T.Is. at Jorhat, Guwahati, Srikona and Nagaon are vacant for some time, which is due to the fact that there are no incumbents in the feeder cadre of Jr. Principal. It is also stated therein that, all the 5(five) posts of Jr. Principals were vacant since along time is partly correct and in fact those posts including one post of Asstt. Director of Craftsmen Training, which is borne in the same cadre, are lying vacant for some time due to administrative reasons as well as ban on new recruitment. At Para 6 & 7 of the affidavit in opposition, it is stated as follows: