Manjula Das - (1.) BY this O.A., applicant makes a prayer to declare the results/merit list of the departmental competitive examination for promotion to the post of Enforcement Officer/Accounts Officer published on 5.8.2010 as valid and to set aside and quash the revised/modified merit list and results declared vide letter dated 18.10.2010 and also to set aside and quash the promotion of Sri Bipin Saikia i.e. respondent No. 6 to the post of Accounts Officer. Applicant briefly narrated his case by stating that he was initially appointed as Lower Division Clerk w.e.f. 18.3.1993 in the respondents department. He was promoted to the cadre of Upper Division Clerk w.e.f. 1.1.1999 and further promoted to the post of Section Supervisor in April, 2005. Thereafter, he was promoted as Accounts Officer w.e.f. 13.5.2011 on adhoc basis and has been working in the said post till date.
(2.) APPLICANT stated that while he was working as Section Supervisor, a Circular dated 1.9.2009 was published by the Regional P.F. Commissioner (Exam.), Employees' Provident Fund Organisation i.e., respondent No. 5 notifying to conduct a departmental competitive examination to be held on 7th to 11th December, 2009 for promotion to the post of Enforcement Officer/Accounts Officer. Applicant further stated that out of a total 365 vacancies across the country by way of promotion, number of vacancies for N.E. Region was shown as: Applicant appeared in the examination held on 7th to 11th December, 2009 in Regional Office, EPFO, Guwahati along with other candidates. Result was declared on 5.8.2010 and the list of successful candidates in order of merit was published under merit list dated 5.8.2010. In the said list, the name of the applicant appeared at Sl. No. 3. According to applicant, from the mark sheet, it appeared that he did score a total of 264 marks and result shown as "successful".
(3.) IT was further stated by the applicant that the Regional P.F. Commissioner (Exam.), Employees' Provident Fund Organisation i.e. respondent No. 5 by issuing a letter dated 18th October, 2010 stated that after re -totaling of marks, it was found that Sri Bipin Saikia (respondent No. 6) scored 280 marks and accordingly Sri Saikia was placed at the 3rd position in the list in pursuance of the examination held from 7th to 11th December, 2009 and declared "successful" and consequently applicant was declared as "unsuccessful".;