LAWS(GAU)-2019-5-65

GIRIDHAR BARMAN AND 2 ORS Vs. STATE OF ASSAM AND 3 ORS REP BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM

Decided On May 16, 2019
Giridhar Barman And 2 Ors Appellant
V/S
State Of Assam And 3 Ors Rep By Commissioner And Secretary To Govt Of Assam Respondents

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel for the petitioners. Also heard Mr. R.K.D. Choudhury, learned Senior Government Advocate, appearing for all the State respondents.

(2.) By filing this writ petition filed under Article 226 of the Constitution of India, the 3 (three) petitioners herein have questioned the denial of promotion to the petitioners to their next higher grade, despite meeting all the required eligibility criteria as prescribed under the Assam Agricultural Engineering Service Rules, 2007.

(3.) The case projected by the petitioners is that they were appointed as Overseer (Agriculture Engineering) in the Office of the Sub- Divisional Agriculture Engineer, Roha and Kokrajhar respectively. In course of their service, the Agriculture Department of the Govt. of Assam vide Memo dated 25.01.2006 had sanctioned 22 numbers of ex- cadre posts of Assistant Agriculture Engineer (AAE for short) to promote 22 Junior Engineers as per the incumbency list. Thereafter, by notification dated 23.05.2006, consequent upon creation of 22 ex- cadre posts of AAE, the herein before referred 22 Junior Engineer (Agri) including the petitioners, who had completed 20 years of service in the same post were allowed to officiate on promotion temporarily to the ex-cadre post of AAE and the said posts were made personal to the said 22 promotees. Thereafter, vide notification dated 18.09.2014, 8 numbers of ex- cadre AAE's including the three petitioners herein were promoted from ex- cadre AAE's to cadre of AAE and they were also given their respective places of posting. In this writ petition, the grievance of the petitioners is that the authorities have not initiated any process for promotion of the petitioners to the post of Assistant Executive Engineer (Agri) [AEE (Agri) for short] in spite of the fact that as on the date of filing of this writ petition, the petitioners had rendered over 9 (nine) years of service in the same post of AAE. The further grievance of the petitioners is that the Government is contemplating to promote officers who are junior to them to the post of AEE (Agri). Hence this writ petition.