MAHESH DEKA Vs. BOARD OF DIRECTORS

JUDGEMENT

(1.) Heard Mr. C. Deka, learned counsel for the petitioners. Also heard Mr. S. Borthakur, learned counsel for the respondents No.1 and 2, Mr. R. Borpujari, learned standing counsel for respondent No.3 and Mr. N.N.B. Choudhury, learned counsel for respondent No.6. None appears on call for the respondents No.4, 5 and 7.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 05.10.2013, thereby granting promotion to the respondents No.5, 6 and 7.

(3.) In brief, the case projected by the learned counsel for the petitioners is that they were all appointed to the post of Junior/ Recovery Assistant by the Managing Director of the Assam State Development Corporation for Scheduled Castes Limited (respondent No.2). The petitioner No.5 was appointed vide order dated 07.09.1987, and posted at Silchar Branch. The petitioner No.3 was also appointed by the same order dated 07.09.1987, and posted at Head Office of respondent No.1 at Guwahati. The petitioner No.1 was appointed vide order dated 23.09.1989, and posted at Guwahati Branch. The petitioner No.5 was also appointed vide same order dated 23.09.1989 and posted at North Lakhimpur Branch. The petitioner No.4 was appointed by order dated 29.09.1989 and posted at Golaghat Branch. It is projected that though there was no Service Rules in force to regulate the service condition of the employees of respondent No.1, therefore, the Rules framed by the State Government was being followed by the respondent No.1. It is submitted that the minimum qualification for entry into service as Junior/ Recovery Assistant was Pre- University/ Higher Secondary (i.e. 10+2 level). It is also submitted that promotional avenues was from the post of Junior Assistant ('JA' for short) to the post of Senior Assistant ('SA' for short); from SA to the post of Assistant Development Officer ('ADO' for short); from ADO to the post of Superintendent ('Suptd.' for short); etc. It is submitted that Assam State Development Corporation for Scheduled Castes Limited (Officers and Staff) Service Rules, 2005 (hereinafter referred to as "2005 Rules") was adopted, and as per Rule 6(ii) thereof, it is provided that 25% of the posts in the cadre of ADO is to be filled up by direct recruitment and 75% posts is to be filled up by promotion from the post of SA. It is submitted that as per the provisions of Rule 10(a) of the 2005 Rules, it has been provided that the academic qualification and experience of candidates for direct recruitment shall be as prescribed by the appointing authority or the Board of Directors of the Corporation, provided that prescribed that for direct recruitment to the post of ADO, he must be a Graduate with 5 years experience in service. It is, however, submitted that such academic qualification is not required for persons filling up the said post of ADO by way of promotional quota from amongst SA's.