UMESH CHANDRA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been preferred by the petitioners seeking direction in the nature of certiorari for setting aside/ or quashing the amendment of Rule 11 (1) of the Assam Stenographers' Service (Amendment) Rules, 1999 and for issuance of Mandamus directing the respondents to upgrade the petitioners from Grade-III to Grade-II and Grade-I stenographer.

(2.) THE petitioners' case, in brief, may be stated as follows:- THE petitioners are working as stenographers in the different district offices of the Deputy Commissioners and the Foreigners Tribunals, Assam. According to the petitioners, the petitioner No. 1 joined service in the year 1985, the petitioner Nos. 2 and 3 joined in the year 1987 and 1995 respectively, the petitioner Nos. 4, 5 and 6 were appointed in the year 1984, and the petitioner No. 7 joined the service in the year 1986. According to the petitioners, they have not been given promotion during the last 10 years to 20 years. It is the case of the petitioners that the Government vide "the Assam Gazette Notification dated 11th October, 1999" amended Rule 11 of the Assam Stenographers' Service Rules, 1995 deleting the words "other offices of the State Government" appearing before the words, "the Chief Minister's Secretariat" in Rule 11 (1) of the said Rules, and thus deprived the petitioners from getting their promotion to higher cadre and higher pay scale. It is contended that due to such amendment, a large number of stenographers are suffering due stagnation for considerable period. THE petitioners submitted numbers of representation before the State Government for upgrading the petitioners to higher pay scale and to promote them to higher grade after giving due consequential financial benefit. Failing to get any response from the Government in respect of up gradation of their services and higher pay scale, the petitioners have come with this writ petition.

(3.) MR. Dasgupta, learned counsel for the petitioners submitted that the petitioners are not interested to challenge the amendment of Rule 11 (1) of the Assam Stenographers' Service Rule 1995 as published in the Assam Gazette Notification dated 11.10.1999. It is further submitted, on behalf of the petitioners, that the petitioner's prayer for up gradation to higher pay scale and higher post may be considered and direction may be issued to the respondents in this regard.