RAJKUMAR MANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner, Sri Raj Kumar Mania, who belongs to the Lalung Community which is a recognized Scheduled Tribe (Plains) in the State of Assam, complains of non-consideration of his case for promotion to the post of Executive Engineer in the Electrical Wing of the Public Works Department of the State. The consideration, which the writ petitioner seeks to enforce by means of the present writ application is contended to be one under the provisions of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 and the Rules framed thereunder (hereinafter referred to as the Reservation Act and the Rules).

(2.) The facts in brief may be noticed at the outset. The petitioner was initially appointed as an Assistant Engineer (Electrical) in the Public Works Department on 28.9.1989. On 3.7.1997 he was promoted to the post of Assistant Executive Engineer and in the gradation list of Officers in the rank of Assistant Executive Engineer, as published on 7.10.2002, the name of the petitioner appeared at serial No. 14. The petitioner, incidentally, is the only Officer belonging to the Scheduled Tribe (Plains) in the aforesaid gradation list. On 20.6.2003 a selection committee meeting was held for consideration of the cases of eligible officers for selection for promotion to the post of Executive Engineer. Six vacancies in all for the years 1996,1997, 1998, 2002 and 2003 formed the subject matter of consideration of the Selection Committee. The Selection Committee in its deliberations considered the vacancies arising in each of the aforementioned years separately and prepared a year-wise select list of eligible candidates. Thereafter, the appointing authority by a common order dated 20.7.2003 appointed the respondents No. 4 to 8 in the post of Executive Engineer (Elec- trical) on the basis of the recommendations of the Selection Committee pursuant to its meeting held on 20.6.2003. The name of the petitioner did not figure in the list of candidates put up to the Selection Committee for consideration and consequently the instant writ application has been filed assailing the proceedings of the selection held on 20.6.2003 and the consequential promotion order of the respondents No. 4 to 8 made on 18.7.2003.

(3.) The writ petition, challenging the selections held on 20.6.2003 and the promotions made by order dated 18.7.2003 has been structured by claiming an entitlement in the petitioner for due consideration against the posts that had fallen vacant since the year 1996. The aforesaid claim was made by the writ petitioner on the basis that under the Rules in force the post of Assistant Engineer is a feeder post for promotion to the post of Executive Engineer and the petitioner had the required length of service in the post of Assistant Engineer. At the hearing, it had transpired that the Assam Engineering (PublicWorks Department) Service Rules, 1978 (hereinafter referred to as the service Rules) was amended in the year 1986 providing for another post in between the post of Assistant Engineer and Executive Engineer, i.e. the post of Assistant Executive Engineer. By the amendment made, the post of Assistant Engineer was made a feeder post for promotion to the aforesaid post of Assistant Executive Engineer and the post of Assistant Executive Engineer was, in turn, made a feeder post for promotion to the post of Executive Engineer. In view of the aforesaid amendment, learned counsel for the petitioner, at the hearing, has altered and limited his challenge to the post that had fallen vacant in the year 2002 and 20(03, by which time the petitioner had com- pletted the required length of service in the post of Assistant Executive Engineer for promotion to the post of Executive Engineer. Consequently, it is the promotions of the respondents No. 8 and 9 which has been challenged at the hearing, notwithstanding the pleadings made in the writ petition. It is the aforesaid truncated scope of the writ petition which will, therefore, require consideration in the present proceeding.