JATINDRA NATH SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner seeks redress against his perceived denial of timely promotion to the post of Executive Engineer in the Public Works Department, Government of Assam (hereafter referred to as the Department) and the resultant detrimental consequences jeopardizing his service career.

(2.) I have heard Mr. K.H. Choudhury, Sr. Advocate assisted by Mr. U.K. Nair, Advocate for the petitioner and Mr. S. Saikia, learned Standing Counsel, Public Works Department for the respondents.

(3.) THE Public Works, Irrigation and Flood Control Departments had adopted a set of guidelines for effecting promotion to various posts including that of the Executive Engineers. Marks to be awarded for different gradings in the ACRs were determined and the candidates on the basis of the marks to be scored were classified in three categories. Whereas candidates securing 16 marks and above were to be included in Category I, those obtaining between 8 -16 were to be placed in Category II. The candidates scoring less than 8 were to be included in Category III. The guidelines determined that candidates in Category I would enjoy a preference over those in Category II and those only in Category I and II would be eligible for promotion. These guidelines were adopted in the meeting of the representatives of the three departments held on 13.3.1994 and were circulated under memo No. 4689/Pt./6 -A dated 21.5.1994.