JAGAT RAM BARTHAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant is the unsuccessful writ petitioner in WP(C) No. 6223/03. This appeal is preferred against the order dated 21.9.2004 passed by the learned Single Judge of this Court in the said writ petition.

(2.) THE appellant herein filed the writ petition challenging the paragraph 5 of the impugned Executive Order of the Governor notified on 3.12.1988. The Executive Order is known as "Assam Geology and Mining (Recruitment and Conditions of Service) Order, 1988". The said order was made regulating the recruitment and conditions of services of the persons appointed to the posts under the Geology and Mining Directorate pending finalization of Assam Geology and Mining Service Rules to be framed under the provision to Article 309 of the Constitution of India.

(3.) THE case set up by the appellant is that instead of framing the Rules, the Respondents had chosen to resort to notify the impugned Executive Order regulating the recruitment and conditions of services of the persons appointed to the posts under the Geology and Mining Directorate only with a view to deprive of his legitimate right for consideration of his case for further promotion as Director of Geology and Mining. That according to paragraph 5(1) of the impugned Executive Order, the post of Director shall be filled up by promotion from the cadre of Additional Director. According to paragraph 5(2), the post of Additional Director shall be filled up by promotion from amongst the cadres of Joint Directors and/or equivalent posts having academic qualification prescribed for the post of Director.