ATUL CHANDRA BORI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. R. Singha, lear-ned counsel, appearing for the petitioners. Also heard Mr. P. Nayak, learned Standing Counsel, Finance Department, appearing for the respondent Nos.1 and 2, and Mr. P. P. Dutta, learned standing Counsel, APSC, for respondent Nos. 3, 4 and 5.

(2.) By way of the instant two writ petitions filed under Article 226 of the Constitution of India, the petitioners are assailing, inter alia, the selection of the private respondents for promotion to the cadre of the Finance and Accounts Officer/Treasury Officer (FAO/TO), and the issues raised in both the writ petitions being identical, the same is taken up for final disposal by this common judgment and order.

(3.) The brief facts of the case are that the petitioner in WP(C) No. 1680/2019 is presently working in the cadre of the Accountant and posted at the Golaghat district, whereas the petitioner in WP(C) No.1683/2019 is presently working in the cadre of the Senior Accounts Assistant and posted at the Darrang district treasury. Pursuant to an advertisement issued on 20/2/2018 by the Assam Public Service Commission (hereinafter referred to as the "respondent APSC"), inviting applications for promotion for filling up of 34 posts of Finance and Accounts Officer/Treasury Officer (FAO/TO) in Class-I Grade-III cadre of the Assam Finance Service from the members belonging to the cadre of (i) Assam Accounts Service, (ii) Assam Local Fund Audit Service, and (iii) Assam Treasury (Estt.) Service Personnel, the petitioners, being eligible for the subject promotion, applied for the same. Thereafter, the petitioners appeared in the Departmental (Promotion) Examination, as held by the respondent APSC, pursuant to the aforesaid advertisement.