KUMARENDRA NATH Vs. STATE OF ASSAM. REP. BY THE SECRETARY TO GOVERNMENT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT. DISPUR, GUWAHATI AND OTHERS

JUDGEMENT

(1.) The provisions of the Assam Health Service (Entomology) Order. 1999 has been put to challenge in the present writ application. The challenge made, it must be noticed, is against the exclusive consideration of District Malaria Officers for promotion to the post of Assistant Director of Health Services (Entomology) as provided by the aforesaid Service Order which is contended to be violative of the rights of the petitioner for a consideration for promotion to the said post of Assistant Director (Entomology).

(2.) The facts on which the present challenge is founded may briefly be noticed hereinunder:

(3.) The claims made in the writ petition have been contested by the official respondents as well as the private respondent No. 4 by filing separate affidavits. In the affidavit filed by the official respondents it has been stated that the two wings i.e. Malaria and Filaria are two separate, distinct and different wings and it is not correct that the posts in the two wings and interchangeable, either by way of transfer or promotion, as claimed by the writ petitioner. In the affidavit filed by the official respondents, the circumstances in which the post of Assistant Director (Entomology) was created by upgrading the post of Entomologist (Malaria) in the year 1987, as already stated in the writ petition filed. has been particularly stressed upon. The two wings being different and the post of Assistant Director being an upgraded post belonging to the Malarial wing, the official respondents assert that exclusive consideration of the personnel of the Malarial wing for promotion to the said post of Assistant Director does not infringe any of the known rights of the petitioner who belongs to the Filarial wing. It is on the aforesaid broad basis that the claims raised in the writ petition has been sought to be contested by the official respondents as well as by the private respondent No. 4.