KHANINDRA NATH CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS writ petition has been filed alleging reservation beyond permissible limit towards promotion of the respondent No. 3.

(2.) THE petitioner was first appointed as Lower Division Assistant (LDA) way back in 1968 (21. 8. 1968 ). Thereafter he was promoted as Upper Division Assistant (UDA) in 1984 (4. 2. 1984 ).

(3.) THERE are 4 promotional posts of Superintendent in the Department (Directorate of Sericulture ). Which were filed up by seniormost persons (UDAs) on regular basis. A post of Superintendent had fallen vacant on 1. 11. 2000 due to retirement of the incumbent. According to the petitioner, he being senior to the respondent No. 3 and the total cadre strength being only 4, there is no question of providing any reservation by operating roster and consequently, it is the petitioner, who ought to have been promoted as Superintendent. Be it stated here that as per the seniority list annexed to the writ petition, the petitioner's position is at serial No. 3 as against the respondent No. 3's at serial No. 5. While the petitioner belongs to OBC community, the respondent No. 3 belongs to SC community.