NEERAJ BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner presently serving as Sr. Inspector of Factories under the Labour and Employment Department of the Government of Assam is before this Court seeking an appropriate writ directing his promotion to the post of Additional Chief Inspector of Factories, Labour and Employment, Assam, which he perceives is due to him in terms of the judgment and order dated 9. 7. 2007 passed by this Court in WP (C) 5037/2004.

(2.) I have heard Mr. A. K. Bhattacharjee, Sr. Advocate, assisted by Mr. S. Chamaria, Advocate for the petitioner and Mr. B. J. Ghosh, learned State Counsel for the respondents.

(3.) THE petitioner has imputed that though he duly placed a copy of the aforementioned order before the concerned authorities, nothing materialised in terms thereof. On necessary enquiries being made by him, he thereafter came to learn that meanwhile on 27. 2. 2008, the issue of promotion of eligible Inspector of Factories had been discussed by the Departmental Selection Board and that though his name for the post of Additional Chief Inspector of Factories was not recommended those of two officers junior to him i. e. Shri C. Purakayastha and Shri G. C. Borah had been selected therefor. According to him, for the third post of Additional Chief Inspector of Factories, one Shri Samiran Das, also an officer junior to him has been identified by denying his preferential right. The petitioner has also alleged bias against two members of the Departmental Promotion Committee namely Mr. K. K. Mittal and Mr. C. R. Deka against whom Contempt Case (C) 9/2008 had been instituted by him asserting deliberate non-compliance of the directions of this Court contained in the judgment and order dated 19. 7. 2007 passed in WP (C) 5037/2004. The petitioner has insisted that as neither anything adverse to him had been indicated by the respondents in course of the adjudication of the earlier writ proceeding nor any material bearing on his unsatisfactory performance had been communicated to him thereafter and prior to the date of the meeting of the Departmental Promotion Committee i. e. 27. 2. 2008, denial of his promotion is unfair, unjust and discriminatory.