MINU KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Borah, learned counsel for the petitioner. Also heard Ms. D.S. Neog, learned counsel for the Co-operation Department and Mr. A. Choudhury, learned counsel for the respondent no.4.

(2.) The petitioner's case in brief is that the petitioner is serving as a UDA in the Office of the Deputy Registrar of Co-operative Societies, Govt. of Assam. In the selection process that was held for promoting UDA to Head Assistant, the respondent no. 4 was selected and appointed as Head Assistant vide order dated 25.05.2017.

(3.) The learned counsel for the petitioner submits that the petitioner is senior to the respondent no. 4 in the Gradation List of UDA and as the promotion was to be made on the basis of seniority-cum-merit, the State Respondents were bound to promote the petitioner and not his junior. The petitioner's counsel relies upon Note-2 of Rule 6 of the Assam Ministerial District Establishment Service Rules, 1967 (hereinafter referred to as "the 1967 Rules") in support of his submission that selection to the post of Head Assistant should be by way of seniority-cum-merit.