HARESWAR RABHA S/O UPEN CH RABHUA Vs. STATE OF ASSAM AND ORS
LAWS(GAU)-2018-2-29
HIGH COURT OF GAUHATI
Decided on February 20,2018

Hareswar Rabha S/O Upen Ch Rabhua Appellant
VERSUS
STATE OF ASSAM AND ORS Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard Mr. A.J. Atia, the learned Counsel for the petitioner. Also heard Mr. B. Goswami, the learned Addl. Advocate General, appearing for the respondents 1 4. The private respondent Nos.5 9 have not however entered their appearance.
(2.) The petitioner was appointed as a Model Supervisor on 27.1.1992 (Annexure-1) in the Directorate of River Research Station, under the Water Resources Department. By virtue of his long service of 18 years, the Model Supervisor had acquired the eligibility for promotion, to the post of Sr. Observer. His grievance relates to the Notification dated 27.7.2010 (Annexure-7) whereby, the respondents 5 9 were promoted to the cadre of Sr. Observer and posted at the River Research Station, Basistha.
(3.) 3.1. The learned Counsel Mr. A.J. Atia submits that Service Rules governing promotion to the post of Sr. Observer, have not been framed by the Water Resources Department but the promotion is governed by the Resolution dated 15.7.1987 (Annexure-4). As can be seen, the eligibility requirement for promotion is 15 years' service for the Model Supervisor and 12 years' service for the Laboratory and Statistical Assistants. Thus with his 18 years' service, the petitioner has the requisite experience to be considered for promotion. He is thus aggrieved by consideration shown only for the Laboratory Technicians, while the Model Supervisors like the petitioner, have been wholly ignored. 3.2 The learned Counsel further submits that the authorities must ensure equitable consideration for the eligible employees in the two feeder stream and should not allow promotion exclusively from amongst the serving Laboratory Technician, as has been done by the impugned order.;


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