GOPAL CHANDRA BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these Civil Rules raise the common question of law and facts and as such they have been heard together and this common Judgment shall dispose of both the Civil Rules.

(2.) Civil Rule No. 2535/92 has been filed by an Association represented by its President. In the Civil Rule as Respondent No. 6, Assam Animal Husbandary and Veterinary Service Rules Implementation Action Committee, Khanapara, represented by Dr. Gautam Kumar Bordoloi, General Secretary of All Assam Animal Husbandary and Veterinary Degree-Holder Service Association entered as Intervener. In the year 1989 the Government of Assam in exercise of power conferred by Proviso (2), Article 309 of the Constitution of India was pleased to make the Rules regulating the recruitment and conditions of service and the said Rules came into force from 23/1/89. The said Rules were named as the Assam Animal Husbandary And Dairing Service Rules, 1980 (herein after called the Rules, 1988). Rule 11 (5) which is relevant for the purpose of these Civil Rules is quoted below :-

(3.) The admitted position is that no vacancy was filled up by direct recruitment after the Rule was brought into existence. Rule 11 of the aforesaid Rule provides for promotion and therein Rule 11 (5) says that 25% of the promotional post in all the cadres mentioned therein shall be filled up by direct recruitment. Having faced with this situation, the authority through Assam Public Service Commission on November 11, 1992 made advertisement for filling up certain post through direct recruitment and the post mentioned therein are as follows :- (i) 2 posts of Additional Director ; (ii) 2 posts of Joint Director ; (iii) 19 posts of Deputy Director ; (iv) 8 posts of Assistant Director ; (v) 2 posts of Sub-Divisional Animal Husbandary and Veterinary Officer.