SYRIAC JOSEPH Vs. DEPARTMENT OF INFORMATION TECHNOLOGY

JUDGEMENT

(1.) THE petitioner is challenging the promotion of the contesting respondents no. 6 to 19 from the post of Computer Programmer to the post of Assistant Director and the further promotion of respondents no. 6, 7 and 8 to the post of Deputy Director, as per the following table:

(2.) THE main grievance of the petitioner is that he is the seniormost Computer Programmer as compared to that of respondents no. 6 to 19 and that he also possesses the requisite qualification to be promoted as Assistant Director, as per the Notification No. 12/GEN/DOP dated 17.04.2001 of the Government of Sikkim, published in the Official Gazette dated 01.05.2001, relevant portion of which reads as hereunder: -

(3.) MR . J.B. Pradhan, learned Additional Advocate General appearing on behalf of the State-respondents clarify that as per the Notification No. 12/GEN/DOP dated 17.04.2001, referred to above, all the posts of Assistant Director are to be filled up by direct recruitment, except one post which is to be filled up by deputation or transfer.