AJOY CH. BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Much debate and deliberations had been made on the merits of the case on both dates of hearing. We tread with caution not to intrude upon it. We are only called upon to answer to the following two questions which have been referred by the learned Single Judge by the order dated 5.11.2015:

(2.) Rule 13(4) of the Assam Engineering (PWD) Service Rules, 1978 (in short the "Rules of 1978"), being the statutory edifice delineating the criteria for promotion above the rank of Superintending Engineer in Assam PWD, reads as follows:

(3.) The controversy involved being with the promotion from the cadre of Chief Engineer to the cadre of Secretary to the Government, both being categorised under Class 1 (Senior Grade) under Rule 3(1)(a) of the Rules of 1978 and ranking higher than the cadre of Superintending Engineers, also under Class 1 (Senior Grade), indisputably the criteria for promotion is on merit-cum-seniority and not on merit and suitability with due regard to seniority.