PADMESWER SARMA Vs. STATE OF ASSAM AND 2 ORS
LAWS(GAU)-2018-5-14
HIGH COURT OF GAUHATI
Decided on May 03,2018

Padmeswer Sarma Appellant
VERSUS
State Of Assam And 2 Ors Respondents

JUDGEMENT

Songkhupchung Serto, J. - (1.) This is a petition praying for issuance of appropriate writ or order or direction directing the respondents to consider the promotion of the petitioner who is at present working as Computer in the Office of Superintendent Engineer, Monitoring Cell, Irrigation Department, Assam to the post of Statistical Assistant lying vacant in the same department.
(2.) Heard Mr. D.K. Sarmah, learned counsel for the petitioner and also heard Dr. B.Ahmed, learned Standing counsel of the Irrigation Department appearing for all the respondents.
(3.) The brief facts leading to the filing of this writ petition are as follows; The petitioner was initially appointed as a causal worker in the Department of Irrigation in the year 1981 and thereafter, he was promoted to the post of LDA in the year 1987. After having worked for 21 years he was promoted to the post of Computer w.e.f. 18.03.2008. On 02.02.2011, the petitioner submitted a representation to the Chief Engineer, Irrigation Department, Assam asking for consideration of his promotion to the post of Statistical Assistant which was lying vacant due to the promotion of one Ramesh Ch. Sarma to the post of Research Assistant on 28.01.2011. However, his prayer in the representation was turned down by the authorities concerned and the same was communicated to the Superintendent Engineer, Monitoring Cell, Irrigation Department, Assam, in whose Office the petitioner was working as Computer, vide letter No.CEI(E)29/2004/431, dated 19.03.2012, of the Chief Engineer, Irrigation Department, Assam, by giving the reason that he was yet to complete the minimum length of service i.e. 5 years in his cadre. After he had completed 5 years of service, the petitioner once again submitted a representation to the Superintendent Engineer, Monitoring Cell, Irrigation Department, Assam, praying for promotion to the post of Statistical Assistant, and the same was forwarded by the Senior Research Assistant, Statistical Cell, Irrigation Department, Assam, to the Superintendent Engineer, Monitoring Cell, Irrigation Department, Assam, vide his letter No. CEI(S)19/97/61, dated 05.04.2013. The same was further forwarded to the Chief Engineer, Irrigation Department, Assam, by the Superintendent Engineer, Monitoring Cell, Irrigation Department, Assam, vide his letter No.MC/E/9/88/Pt-1/2004, dated 23.04.2013. Since no action was taken and no reply to his representation was received, the petitioner, through his legal counsel served a legal notice dated 25.07.2013, to the Secretary to the Government of Assam, Irrigation Department, the Chief Engineer, Irrigation Department, Assam, and the Superintendent Engineer, Monitoring Cell, Irrigation Department, Assam. No positive response was received from the respondents though the said legal notice was served to them. Therefore, the petitioner through his legal counsel once again served a legal notice dated 02.09.2013 to the same Officials. This time, the petitioner received a copy of the internal communication between the Superintendent Engineer, Monitoring Cell, Irrigation Department, Assam, and the Chief Engineer, Irrigation Department, Assam, dated 18.09.2013, wherein it was stated that process is going on for enactment of service rule for appointment/promotion in the Statistical Cell. Apprehending that his promotion has been kept on hold awaiting enactment of a new rule which process is still going on, the petitioner has come to this Court seeking for issuance of appropriate writ or direction or order as stated above.;


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