SHASHINDRA NATH BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.K. Goswami, learned Senior counsel with Mr. S.N. Sarma, learned Senior counsel assisted by Mr. K. Kalita, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned State counsel appearing for the respondent Nos. 1, 5 and 6; Mr. S. Chamaria, learned counsel for the respondent Nos. 2, 3 and 4; Mr. N. Dutta, learned Senior counsel assisted by Mr. M. Das, learned counsel for the respondent No.7 and Mr. G. Choudhury, learned Standing counsel, APSC appearing for the respondent No. 8.

(2.) The learned counsel for the parties have advanced elaborate arguments on the interim prayer.

(3.) The subject-matter of challenge in this writ petition is the Notification No. FSA/67/2019/152 dated 04.12.2019, whereby, the respondent No. 7 has been promoted temporarily to the post of Controller of Legal Metrology (CLM), Assam under Regulation 4(d) of the Assam Public Service Commission (Limitation and Functions) Regulation, 1951 ("the Regulation, 1951", in short) w.e.f. 04.12.2019. The notification has further indicated that it has become necessary in the interest of public service to make officiating promotion under the Regulation 4(d) of the Regulation, 1951 since prior consultation with the Assam Public Service Commission ("the Commission", in short) is likely to cause delay and the same is communicated for the Commission's early recommendation for early regularization of the promotion.