BIJOY BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these petitions are substantially similar in nature, challenging Rule 12 of the Assam Forensic Science Laboratory Service Rules, 1985 (For short the Rules) and seeking the same relief of promotion to the higher post, from the post of Junior Scientific Officer to the post of Scientific Officer, in the State Forensic Science Laboratory. The only difference is with regard to peripheral facts, such as, the date of entering into the services and the qualifications possessed by the petitioners. Ofcourse, they fulfilled the bare minimum required for the post. The arguments advanced are also common to both the petitions. Therefore, they are being decided by this common judgment.

(2.) Basic facts leading to the presentation of these petitions are : Petitioner, Bijoy Baruah, holds a Master Degree in Science (Zoology) from Gauhati University. On being selected by the Assam Public Service Commission, in short 'APSC', he jointed the service as Junior Scientific Asstt. (subsequently re-designated as Senior Scientific Assistant) on 19.10.79. The petitioner Shri Bijoy Baruah was Junior Scientific Asstt. in the Biology and Botany Division of the Laboratory. After having worked there for about six months he was transferred from the said division to Serelogy Division in the same capacity. He was later sent for advanced training in Forensic Biology , including Serology at the Institute of Criminology and Forensic Science, New Delhi. He successfully completed the training and was eventually promoted to the post of Junior Scientific Officer in the Serology Division of the Laboratory. This promotion was effected on 2.12.83 and the petitioner still continues to work on the same post. It is his grievance that his promotional avenues and prospects to the next higher post are totally blurred and he has been stagnated in the post of Junior Scientific Officer, by now for almost 13 years.

(3.) In case of the other petition, Civil Rule No. 3013/93, the petitioner, Madhu Sarma, is a Bachelor of Science. His initial appointment was as Scientific Technician vide order dated 7.7.79, Annexure-A. The petitioner was working as Scientific Technician for the Ballistic Division of the Laboratory. After about 4 years, he was promoted to the next higher post, namely, Junior Scientific Assistant in the same Division. He also underwent training at the Institute of Criminology and Forensic Science, New Delhi and obtained a Diploma in Forensic Ballistics. On his return from Delhi to his parent institute he again started working as Junior Scientific Assistant in the Ballistic Division of the Laboratory.He was confirmed in the said post in 1991. The confirmation order dated 17.5.91 is filed as Annexure-C.