KRISHNA KUMAR SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhattacharyya, learned senior counsel assisted by Mr. A. K. Choud-hury, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Government Advocate, Assam, representing respondent nos. 1 to 4. None appears for the respondent no. 5.

(2.) Aggrieved by the non-consideration of his case for promotion to the post of Executive Engineer (C) in the Department of Animal Husbandry and Veterinary, Assam, the writ petitioner has approached this Court seeking notional promotion with retrospective effect from the date his junior i.e. the respondent no. 5 was given promotion along with consequential benefits.

(3.) The facts of the case giving rise to this writ petition, briefly stated, are as follows. The petitioner was initially appointed as Draftsman in the Department of Animal Husbandry and Veterinary, Assam on temporary basis vide order dated 31.03.1971, pursuant whereto he had joined in the said post. Thereafter, by the order dated 11.01.1977, the petitioner was temporarily appointed as Subordinate Engineer carrying a pay scale of Rs. 325-15-440-EB-16-560-EB-18-650/-. While the petitioner was serving as Subordinate Engineer, he was promoted to the next higher post of Assistant Engineer by order dated 14.11.1985 issued under Regulation 4(d) of the Assam Public Service Commission (Limitation of Functions), Regulation, 1951 (in short "Regulation of 1951), with effect from the date of taking over charge. The petitioner was, accordingly released from the post of Sub-Engineer so as to enable him to join in the post of Assistant Engineer, East Zone Engineering Cell with Headquarter at Jorhat. Since, the promotion of the petitioner to the post of Assistant Engineer was made under Regulation 4 (d) of the Regulations of 1951, hence, his promotion was required to be regularised after obtaining the approval of the Assam Public Service Commission (APSC). As such, the Under Secretary to the Government of Assam, Veterinary Department, had issued a letter dated 05.05.1989 addressed to the Secretary, APSC, seeking approval of the Commission for regularisation of the promotion given to the petitioner to the post of Assistant Engineer. However, despite receipt of the communication dated 5.5.1989, the APSC did not take any action in the matter, as a result of which the promotion given to the petitioner to the post of Assistant Engineer could not be regularised by the Department.