BINOD KUMAR AGARWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. K. Nair, the learned Sr. counsel appearing for the 3 petitioners. Also heard Dr. B. Ahmed, the learned standing counsel appearing for the Cooperation Department, representing the respondent Nos.1-4. The contesting respondent Nos.5 and 6 are represented by Mr. M.K. Bora, the learned counsel.

(2.) The 3 petitioners were under consideration for promotion to the cadre of Joint Registrar but were overlooked and instead two reserve category aspirants were considered. Accordingly the decision of the selection committee which recommended the promotion on 18.08.2007 (Annexure-D) and the consequential promotion order dated 07.11.2007 (Annexure-E) in favour of Aswini Kumar Baishya and Ghana Pegu (respondent Nos.5 and 6), are being analogously challenged by the three aggrieved aspirants.

(3.) The petitioners entered service as Asstt. Registrar in 1992 on selection made by the APSC and subsequently each of them were promoted to the cadre of Deputy Registrar on 20.04.1998, 22.04.1998 and 08.05.1998, respectively. On the other hand, the respondent Nos.5 and 6 entered service as Asstt. Registrar in the year 199 In the gradation list of Asstt. Registrar as on 10.02.1995 (page-34), the petitioners were placed at Sl. Nos.39, 40 and 42, whereas the two private respondents were placed below them at Sl. Nos.47 and 48, respectively. It may be noted that while the petitioners belong to the general category, the rival litigant Aswini Kumar Baishya (respondent No.5) is a Scheduled Caste (SC) category person and the 6th respondent Ghana Pegu belong to the ST(P) category.