PADMA DHARDEKA Vs. A S E B

JUDGEMENT

(1.) All these writ applications raise the same question of law and facts and as such they are taken up for hearing together.

(2.) I have heard Mr. Sharma, learned Advocate for the petitioners in Civil Rule No. 1958 of 1998, Mr. Saikia, learned Standing Counsel, ASEB for the Respondent Wo. 1 and Mr. P Khataniar, learned Advocate for the Respondents Nos. 5,6,7,9 and 10. I have also heard Mr. J M Choudhury, learned Sr. Advocate assisted by Mr. P Kataky for the petitioners in Civil Rule Nos. 1648/98,2023/ 98 and 2327/99 and Sri P Khataniar learned Advocate for the Respondents No. 4 in Civil Rule No. 2023/98 and Civil Rule No. 2327/ 98 for Respondents No. 6 and 7 and Sri N. N. Saikia, learned standing counsel ASEB for Respondents No. 1,2 and 3.

(3.) Civil Rule No. 1958 of 1998 has been filed by three persons and all the petitioners were appointed on 8.4.71 as Asstt. Engineer (Elect) under Assam State Electricity Board (for short 'ASEB'). On 28.5.82 the petitioner No. 1 was promoted as Executive Engineer (Elect). On 7.12.82 the petitioner Nos 2 and 3 were promoted as Executive Engineer (Elect). From 1993 the petitioner No. 1 has been working under the ACE(Com) at Headquarter Office at Guwahati. The petitioner No. 2 also has been working in the office of ACE RE since 1993. The petitioner No. 3 had worked in the office of the ACE(Com), Diphu Elect. Division, T & T Division, Nagaon, CE(D) office at Guwahati with in the period from 1993 to 1998. On 4.7.73 the Engineering Service Regulations, 1973 were framed and published by the ASEB. Regulation 12(a) deals with the method of promotion which is seniority with due regard to merit and suitability as may be assessed from the ACRs. On 27.5.83 there was amendment to the said Regulation making the method of promotion as merit cum seniority. On 27.8.92 a new method was adopted for selection based on performance appraisals and suitability for inclusion in the panel on the basis of ACR. On 1.9.95 by a Notification amendment to the orders dated 27.8.92 was made. The basic feature of the amendment was that judging suitability for inclusion in the promotion panel on specific grading was deleted. On 17.12.92 the performance appraisal formats were introduced. That is Annexures-3 A and 3B to the writ application. Section-B of that ACR requires as follows :