UTTAM KALITA Vs. ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD
HIGH COURT OF GAUHATI
ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD
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Hrishikesh Roy, J. -
(1.) Heard Mr. S. Kataki, the learned counsel appearing for the petitioners. Also heard Ms. M. Bordoloi, the learned counsel appearing for the Assam Urban Water Supply and Sewerage Board (hereinafter referred to as 'the Sewerage Board') and their Managing Director (respondent Nos.1 & 2). The private respondent Nos.3-5, are represented by Mr. S.K. Ghosh, the learned counsel.
(2.) The petitioners had joined service on different dates in March/April, 1996, as Jr. Engineer in the Sewerage Board. In the gradation list dated 27.6.2007 (Annexure-A) for the Jr. Engineers under the Sewerage Board, the names of the seven petitioners are shown between position Nos.8-15 and in the same list, the seniority of the three private respondents are shown below at serial Nos.16, 17 & 18 respectively. By virtue of their higher seniority position, the petitioners challenge the promotion order(s) dated 21.6.2010 (Annexure-C series), whereby 3 junior colleagues, namely, Munindra Debnath, Mohanlal Sahu and Chandra Kanta Singha (respondent Nos.3, 4 & 5) were promoted to the post of Asstt. Engineer, in pursuant to the resolution dated 16.3.2010, of the Board of Directors of the Sewerage Board.
3.1. Representing the petitioners, Mr. S. Kataki, the learned counsel submits that when the seven petitioners were placed above the private respondents in the seniority list of Jr. Engineers, the promotion of those who are placed below the gradation list, would not be justified.
3.2. In the absence of any Service Rules, governing the employees of the Sewerage Board, Mr. Kataki refers to the selection exercise undertake earlier on 20.10.2005 (Annexure-B), to project that promotion to the cadre of Asstt. Engineer was granted on the criterion of seniority and accordingly, the departure from the norms is questioned to challenge the promotion of the junior colleagues.;
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