BISWAJIT DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) We have heard Mr. K.N. Choudhury, learned Senior Advocate assisted by Mr. R.M. Deka and Mr. D.J. Das, learned Advocates for the petitioners; Mr. P. Nayak, learned Additional Advocate General, Assam for the State; Mr. B.D. Konwar, learned Senior Advocate assisted by Mrs. J.M. Konwar, learned Advocate for respondent Nos.3 to 92 and Mr. P. Doley, learned Advocate for respondent Nos.94 to 98.

(2.) The petitioners, directly recruited Assistant Engineers (Civil), have challenged the constitutional validity of Rule 22(3) of the Assam Engineering (Public Works Department) Service Rules, 1978 (in short, "Rules of 1978") and the consequential action by the State in assigning seniority to respondent Nos.3 to 98, who are promotees to the same cadre.

(3.) The controversy arose because the petitioners were appointed as Assistant Engineers on 21/9/2022, whereas the promotees were appointed on 6/1/2023. However, the promotees have been placed senior to the direct recruits on the ground that they were promoted against vacancies of the calendar year-2022 and under Rule 22(3), a promotee appointed against a vacancy occurring in a year shall rank senior to a direct recruit of that year.