MANMOHAN BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Bhagabati, learned counsel appearing for the Petitioner and also heard Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department (P&RD).

(2.) The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner for ventilating his grievance that although he fulfilled the requisite criteria for promotion from Grade-IV to Grade-III post under the Panchayat and Rural Development Department (In short, 'P&RD'), Government of Assam, the Petitioner has not been promoted, despite submission of several representations by him praying for his promotion, in violation of Rule 6 of the Assam Ministerial District Establishment Service Rules 1967 as well as Rule 10 (3) of the Assam Directorate Establishment (Ministerial) Service Rules, 1973 which provide for provisions relating to promotion of Grade-IV personnel to Grade-III posts.

(3.) The case of the Petitioner is that he is serving in Grade-IV post of Peon in the Office of Madhupur Anchalik Panchayat under Nalbari Zilla Parishad, Nalbari which comes under the P&RD Department, Government of Assam. The Petitioner was initially engaged as a Peon for three (3) months in District Rural Development Agency (In short 'DRDA'), Nalbari by the Project Director on daily wage basis, vide an order dtd. 5/11/1992. However, his service was extended from time to time by different orders issued by the DRDA. The service of the Petitioner was regularized as a Peon (Grade-IV), vide order dtd. 23/3/1996 issued by the Project Director, DRDA, Nalbari. While the Petitioner was serving as a Peon, he passed the Bachelor of Preparatory Programme Examination (BPPE) which is equivalent to Higher Secondary or Class-XII Examination. In the year 2016, the Panchayat and Rural Development Department, Assam, Panjabari, Juripar had taken an initiative to promote fifteen (15) incumbents who were similarly situated with that of the Petitioner and promoted them to the posts of Gram Sevaks (RD) (Grade-III), vide office order dtd. 3/10/2016. However, the Petitioner was left out during the process of promotion.