DEBENDRA NATH BANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Bujarbaruah, learned counsel for the petitioner and Ms. R. Chakraborty, learned State counsel for the respondents. None appears for the respondent No. 5, although on earlier occasion, learned counsel Mr. T. Das appeared on his behalf. Mr. K. N. Hazarika, Office Superintendent in the Establishment of the Chief Engineer, Irrigation is present in the Court in terms of the order dated 20.9.05.

(2.) The grievance raised in this writ petition is in respect of the order dated 29.10.03 (Annexure-6) by which the respondent No. 5 was promoted as Divisional Head Assistant. According to the petitioner, he being senior to the respondent No. 5 and the criteria for promotion being seniority-cum-merit and there being no adverse remarks against him declaring him to be unfit for promotion, he was entitled to get the promotion ahead of the respondent No. 5.

(3.) The controversy raised in this application is in respect of the seniority of the two incumbents, i.e. the respondent No. 5 and the petitioner. There is no dispute that the petitioner was all along held to be senior to the respondent No. 5. It is also not the case of the respondents that the petitioner is not sustainable to get promotion as Divisional Head Assistant. However, while processing the case for promotion as Divisional Head Assistant, a note was given stating that the petitioner is junior to the respondent No. 5 in view of the fact that he was transferred to the present Division by order dated 13.07.88. The said order reads as follows : <FRM>JUDGEMENT_127_GAULTSUPP_2006Html1.htm</FRM>