PRAKASH KALITA Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Heard Mr. UK Nair, the learned counsel appearing for the petitioner.

(2.) This case pertains to an inter se seniority dispute in the cadre of Assistant Engineer in the Municipal Administration Department and consequential promotion to the post of Executive Engineer. The petitioner challenges the exclusive direct recruit Gradation List of 28.3.2006 (Annexure-L), where the respondent No.3 is shown in the 1st place and the petitioner who is a promotee Assistant Engineer is altogether excluded. He also challenges the 2nd Gradation List of 28.3.2006 (Annexure-L1), where the name of the lone promotee Assistant Engineer is reflected. Thus there is no combined seniority list of all the serving Assistant Engineers (promotee and direct recruits) in the Department. The respondent No.3 was allowed to officiate in the higher rank of Executive Engineer through the order dated 3.5.2007 (Annexure-O) and that promotion order is challenged on the ground that petitioner was left out of the consideration process.

(3.) The petitioner entered service in the Department as a Sub-Engineer (Civil) on 9.4.1985 (Annexure-A), when he was appointed under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951 (hereinafter referred to as 'the APSC Regulation'). His service was regularized on 6.6.1988 in pursuant to selection made by the APSC. Thereafter the petitioner was allowed to officiate as Assistant Engineer under Regulation 3(f) of the APSC Regulation, through the order dated 15.6.1990 (Annexure-C) but this order was rectified on 21.6.1990 (Annexure-D), whereby the petitioner was promoted to the higher cadre of the Assistant Engineer, under Regulation 4(d) of the APSC Regulation. The officiating promotion of the petitioner in the rank of Assistant Engineer was regularized on 25.10.1995 (Annexure-E) w.e.f. 16.6.1990.