SUNNI LAL Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
UNION OF INDIA
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NELSON SAILO -
(1.) Heard Mr. U.K. Nair, the learned Senior Counsel assisted by Ms. N. Shyamal for the writ petitioner. Also heard Mr. D.K. Saikia, the learned CGC for the respondent Nos.1 to 5. None appears for the respondent No.6 despite notice. Mr. U.K. Nair submits that though the respondent No.6 is impleaded in the writ petition, the petitioner seeks no relief against him.
(2.) By this writ petition, the petitioner has claimed his promotion to the post of Supervisor Store Grade-II w.e.f 20.11.2010 i.e., the date of seniority fixed persuant to the DPC of 2010 held w.e.f 8.11.2010 to 20.11.2010. The facts of the case in brief is that the petitioner was appointed as Storeman (Group-D) on 17.09.1991 pursuant to a selection process under the Border Roads Organization (BRO). Subsequently, he was promoted to the post of Storekeeper Technical on 07.11.1997. The next promotional post from the post of Storekeeper Technical is to the post of Supervisor Store Grade-II as per the General Reserve Engineering Force Group 'C' and Group 'D' Recruitment Rules, 1982 (Rules of 1982). In terms of Rule 48 of the Rules of 1982, a Storekeeper Technical with 8 (eight) years of regular service in the grade is eligible to be promoted to the post of Supervisor Store Grade-II subject to passing Departmental Examination.
(3.) The petitioner passed the Departmental Examination in the year 2003, completed 8 (eight) years of regular service in the Grade of Storekeeper Technical as on 07.11.2005 and his name figured at serial No. 38 of the list of candidates who passed the Departmental Examination. The list was circulated vide communication dated 16.10.2003 by the Assistant Administrative Officer and Record Officer wherein, it was also stated that those personnels who have passed the Departmental Examination need not appear again.;
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