SABITA CHAKRABARTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. R K Deva Choudhury, learned Counsel appearing for the petitioner. Also heard Mr. N Dhar, learned Counsel representing the respondent No. 6, Mr. M. Bhagabati, learned Govt. Advocate represents the official respondents.

(2.) THE petitioner, who was appointed as a Lower Division Assistant (L. D. A.) in the Office of the Executive Engineer (Irrigation) Karimganj division and who is admittedly junior to respondent No. 6, is before this court to claim a right of prior promotion to the post of Upper Division assistant (U. D. A.) which was given to both of them by promotion orders dated 31. 7. 2004. The promotion order in respect of respondent No. 6 is office order No. 17, dated 31. 7. 2004, whereas the promotion order in respect of petitioner is promotion order No. 18, also of 31. 7. 2004 and accordingly it is submitted that promotion to petitioner is a later order.

(3.) THE prior claim for promotion made by the petitioner is on the basis of the penalty order dated 15. 7. 1982, issued by the Executive Engineer against the said respondent No. 6, on the basis of certain disciplinary proceeding initiated against the said respondent No. 6. The said penalty order is to the effect that the promotion of respondent No. 6 is "withheld till her next junior gets promotion in the post of UDA".