AMARENDRA KUMAR SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners are the aspirants for promotion to the post of Sub-Divisional Agricultural Officer (SDAO ). Their grievance is that the respondents have violated the provisions of the relevant service rules in initiating process to promote the officers in the feeder grades. Accordingly, the prayer made in this writ petition is for issuance of a direction to the respondents to follow the provisions of the rules.

(2.) THE petitioners were initially appointed as Agricultural Extension Officer (AEO) which has now been redesignated as Agricultural Development Officer (ADO ). After continuing as such for a considerable length of time, the petitioners were posted as Junior Subject Matter Specialist (JSMS) which has now been redesignated as Senior Agricultural Development Officer (SADO ). Such posting of the petitioners was by way of transfer from the cadre of AEO/ado to JSMS/sado and the same was done on the basis of the seniority in the cadre of AEO/ado. According to the petitioners the post of JSMS/sado is of higher rank and status carrying special pay and it is under supervision of such JSMS/sado, the AEO/ados perform their duties. Be it stated here that the petitioners were transferred and posted as JSMS/sado in the year 1988 (29. 11. 88 ).

(3.) ACCORDING to the petitioners, the total cadre strength of the next promotional post of SDAO on the basis of Annexure-B seniority list is 63. By Annexure-C notification dated 22. 01. 02, the Govt. conveyed the sanction of upgradation of 100 posts of JSMS to that of SDAO indicating that such upgradation would come into force w. e. f. the date of entertainment of the upgraded posts. It was also indicated that consequent upon upgradation of 100 posts of JSMS to that of SDAO, there would be corresponding abolition of 100 posts of JSMS from the date of entertainment of upgraded posts.