ALL ASSAM HEADS OF THE DEPARTMENTS MINISTERIAL OFFICERS ASSOCIATION Vs. THE STATE OF ASSAM AND ANOTHER

JUDGEMENT

(1.) The All Assam Heads of Departments' Ministerial Officer' Association, hereinafter the Association, is before this Court as it has felt aggrieved at the denial of promotion to the ministerial officers to the rank of Inspector of Supply. The Association prays that the benefit of promotion to the post of Inspector of Supply made available by Rule 10 (2) of the Assam Supply Service Rules, 1970, hereinafter the Rules, should be given effect to and the official respondents be directed accordingly.

(2.) A perusal of Rule 10 of the Rules shows that the post of Inspector of Supply can be filled up from three different sources :

(3.) What has stood in the way of the members of the petitioner-Association is the view of the Assam Pay Commission 1979. As per recommendation of this Commission, the post of Inspector of Supply should be filled up by promotion from Sub Inspector of Supply. It is, however, an admitted position that pursuant to the report of the Assam Pay Commission, the Rules were not amended prior to 21.3.89. Question, therefore, to be decided is whether the quota made available to the ministerial officers could be denied prior to 21.3.89.