CHANDAN MALAKAR Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner presently working as a Junior Engineer under the official respondents, has filed this writ petition for a direction to the respondents to promote him as Assistant Engineer. He has also prayed for setting aside and quashing of Annexure-'f' order of promotion dated 31. 12. 2004 by which the private respondents have been promoted as Assistant Engineer.

(2.) THE petitioner, who is a member of Scheduled Caste community, has claimed that the respondents have violated the provisions of the Assam Scheduled Caste and Scheduled Tribe (Reservation of vacancies in services and posts) Act. , 1978 and the rules framed thereunder namely, the Assam Scheduled Caste and Scheduled Tribe (Reservation of Vacancies in Services and Posts) Rules, 1983. Referring to Section 5 of the Act and Rules 4 and 5 of the Rules, it is the case of the petitioner that since the respondents have violated the said provisions, he has been deprived of his promotion to the next higher grade of Assistant Engineer.

(3.) THE petitioner has stated that the respondents have ignored his case while issuing the orders of promotion. It will be pertinent to mention here that as per the seniority list of Junior Engineer published on 15. 5. 1997, the seniority position of the petitioner is at Sl. No. 757.