STATE OF ASSAM AND ORS. Vs. KUMUD GOGOI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 05.10.2012, rendered by the learned Single Judge in WP(C) No. 3070/2010 allowing the writ petition. We have heard Mr. H. Rahman, learned counsel for the appellants and also heard Mr. K. Sarma, learned counsel for the respondent.

(2.) The case projected by appellant herein in brief is that the writ petitioner/respondent herein was initially appointed as Armed Branch Constable in Assam Police on 11.03.1994. He was promoted to the rank of Havilder Clerk (Armed Branch) on 31.12.2004. Thereafter, he was converted to Head Constable (Unarmed Branch) on 23.04.2008. It was mentioned that his seniority in the rank of Head Constable (Unarmed Branch) will be effective from the date of his physical joining on conversion.

(3.) In the month of June 2010, it was notified that a Departmental Examination for promotion to the post of Sub -Inspector (Unarmed Branch) would be conducted and those Assistant Sub -Inspector/Head Constable (Unarmed Branch) who had completed minimum 5 years of service in the rank would be eligible to sit in such departmental examination. Writ petitioner/respondent had also offered his candidature for the post aforesaid. However, his application was not accepted since, according to appellant, in 2010, he had not completed 5 years of service in the rank of Head Constable (Unarmed Branch)/Assistant Sub -Inspector.