DIJEN SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr. B Ahmed, learned counsel appearing for the petitioners in W P (C) No.3494/07. Also heard Ms. R Deka, learned Departmental counsel who represents the official respondents. Also heard Mr. K K Mahanta, learned senior counsel who appears for the petitioner in W P (C) No.3811/07 and Ms. B Bhuyan, learned standing counsel of the Department who represents the official respondents. Mr. C Baruah, learned counsel appears for the APSC.

(2.) The 3 petitioners, who are employed as Junior Engineers (J.E.) in the Public Works Department (PWD) have approached this Court seeking direction for consideration of their claim for promotion/direct entry, in the cadre of Assistant Engineer (Civil) as per the provisions incorporated in Rule 11(4)(c) of the Assam Engineering (Public Works Department) Service Rules, 1978 (hereinafter referred to as the Rules). The petitioners by virtue of possessing the higher Engineering Degree qualification which is the qualification prescribed for direct appointment into the cadre of Assistant Engineer (Civil), claim a right to be promoted as Assistant Engineer (Civil), although they were recruited as Junior Engineers on the basis of the Engineering Diploma qualification.

(3.) The learned counsels appearing for the petitioners have referred to several instances in the Department, where such promotion of Junior Engineers (earlier described as Sub-ordinate Engineer Gr.I in the Rules) were given promotion to the posts of Assistant Engineers because of possessing the Graduate Engineer's qualification, by exercise of powers under Rule 11(4)(c) of the Rules and contended that the respondent authorities have interfered with the petitioners' right to get a fair treatment, by not considering their cases for such promotion to the higher cadre.