SRI SARAF UDDIN BARBHUIYA S/O LATE JAMIR UDDIN BARBHUIYA VILL: BOWERGHAT PART Vs. THE STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Challenge in this writ petition is made against the order of promotion dated 11.08.2008, whereby and where under, the Director of Health Services, Assam, Hengrabari, promoted the respondent No. 6 from the post of Grade IV in the office of the Joint Director of Health Services, Hailakandi to the post of Dresser in the scale of pay of Rs. 2610-49-2770-60-3200-EB-60-3490-90-4480.00 per month plus other allowances as admissible under Rules on purely temporary basis and until further order with effect from the date of joining as Dresser against the vacant post of Dresser vice Shri Sujit Kr. Nath, Dresser promoted to the higher post. However, in the order of promotion dated 11.08.2008, the respondent No. 2 i.e. the Director of Health Services, Assam, Hengrabari has observed as follows:-

(2.) Heard Mr. B Banerjee, learned counsel for the petitioner. Also heard Mr. D Saikia, learned Senior Standing counsel, Health Department, Assam, assisted by Mr. B Gogoi, learned Standing counsel, Health Department Assam appearing for respondent Nos.1 to 5 and Mr. PD Nair, learned counsel for respondent No.6.

(3.) The factual matrix of the case is narrated herein below:-