Decided on January 24,1994

Jitendra Nath Patowary And Ors. Appellant
STATE OF ASSAM And ORS. Respondents


D.N. Baruah, J. - (1.)THESE civil rules involve common questions of law and facts therefore, I propose to dispose of these cases by a common judgment.
(2.)PETITIONERS in these civil rules have challenged Annexure -A notification fixing inter -se -seniority of the officers in Irrigation Department of Assam and Annexure -B notification dated 10.1.92 issued by the third Respondent promoting the Respondents 6, 7 and 8 to the rank of Additional Chief Engineers superseding the Petitioners and also the select list dated 30.12.91. The Petitioners state that at the time of filing of these civil rules, they had been working in various posts in the rank of Superintending Engineers.
By Annexure -A notification dated 2.1.90 inter -se -seniority of the officers in the rank of Superintending Engineers was published. In the said list names of the Respondent Nos. 8 to 11 did not appear. As per the Assam Engineering (Irrigation Department) Service Rules, 1978 (for short 'the Rules'), the Superintending Engineers are eligible for promotion to the post of Additional Chief Engineers in accordance with the provisions laid clown under the said Rules.

(3.)IN 1992 there were three vacancies in the rank of Additional Chief Engineers and also two more vacancies were likely to occur. Accordingly a Selection Board was constituted. The said Board consisted of Respondent No. 2 as Chairman, Respondent Nos. 3, 4 and 5 as members. The Board held its meeting on 30.12.91 for consideration of promotion of 12 officers to the post of Additional Chief Engineer who were within the zone of consideration. The Board prepared a list of the names of six officers, i.e. Respondent Nos. 6 to 11. However, Petitioners name did not appear in the said list even though they were seniors in the rank of Superintending Engineer. The Board also did not record the reason for not recommending the names of the Petitioners. It is mandatory to record the reason in writing under Rule 13(5) of the Rules in case of not recommending a senior officer. On the basis of the list, the Appointing Authority promoted Respondent Nos. 6, 7 and 8 to the rank of Additional Chief Engineers by Annexure -B notificated dated 10.1.92.

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