MUJIBUR RAHMAN Vs. GUWAHATI MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard Mr. S.K. Das, learned counsel for the petitioner as well as Mr. H. Sarma, learned counsel for all the respondents.

(2.) The petitioners are presently serving as Assistant Health Inspectors under the Guwahati Municipal Corporation, Guwahati. The petitioner No.1 who is an Arts Graduate was initially appointed as a Supervisor on 18.04.1984 and the petitioner No.2, a Science graduate, as Supervisor on 04.09.1984 and thereafter, their services were regularized along with 6 incumbents on 28.01.1985.

(3.) Subsequently, they were promoted to the posts of Assistant Health Inspector vide a common order dated 07.09.2007 and have been discharging their duties in the aforesaid capacity till now without any further promotional avenue or opportunity offered by the respondent authorities. According to the petitioners, this amounts to stagnation in service more so, when according to the petitioners some persons who were appointed along with them as Supervisors later, had been absorbed as LDAs and had been given promotion to higher post of UDAs and later to the post of Deputy Rank Officer. The post of Deputy Rank Officer is higher than the Assistant Health Officer. The promotion of the petitioners to the aforesaid post of Deputy Rank Officer had been denied by the respondent authorities by contending that the said post of Deputy Rank Officer comes under the establishment section to which promotion can be made only from the feeder posts of UDA and Assistant Tax Superintendent only and since the petitioners are holding the posts of Assistant Health Inspector they cannot be considered for promotion to the said post. It has been submitted by the petitioners that after the post of Assistant Health Inspector, there is no higher post available to consider their promotion.