SANJOY CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Nath, the learned Counsel appearing for the petitioners. Mr. H Buragohain the learned Standing Counsel, PWD (Roads), appears for the respondents.

(2.) The challenge here is to the letter(s) dated 5.6.2009 (Annexure-7) and 31.7.2009 (Annexure-9), whereby the Addl. Chief Engineer, PWD (Roads) has recommended reversion of the petitioners to the cadre of Work-charge Section Assistant. The petitioners entered service as Muster Roll Workers and then they were appointed as Work-charge Section Assistant, between 1991 - 1994. Subsequently, the petitioners were inducted to the LDA Cadre from the post of Work-charge Section Assistant. The first 2 petitioners Sanjoy Choudhury and Asab Uddin Laskar have since been promoted to the cadre of UDA on 4.9.2004 and 24.7.2008, respectively.

(3.) The service status of the petitioners came to be noticed on account of information sought in respect of one Sukesh Rn. Roy, Sub-Engineer Grade 0I (Works) and while the required information was collated departmentally, it came to light that service of 6 Section Assistants in the Hailakandi Rural Road Division, PWD, were irregularly converted to the cadre of LDA. Since such movement is not permissible, the Addl. Chief Engineer under the impugned communication dated 5.6.2009 (Annexure-7) directed the Executive Engineer, to revert back the six incumbents, to the cadre of Section Assistant.