MD. HAFIZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K. Nair, learned counsel assisted by Mr. J. Sarma, learned counsel for the petitioner. Also heard Mr. Y. Doloi, learned Standing counsel for the Transport Department as well as Ms. S. Sarma, learned counsel for the respondent No.4.

(2.) The grievance of the petitioner under Article 226 of the Constitution of India, is that he has been denied the promotion and accordingly, the petitioner seeks his promotion to the post of Assistant River Surveyor on merit and he has also prayed for quashing of the order dated 18.11.2013 issued by the Transport Department, thereby promoting the respondent No.4 to the said post.

(3.) The case of the petitioner is that he was working as Work Charged Junior Engineer in the year 1991 in the establishment of Directorate of Inland Water Transport (IWT for short), Sadilapur construction site. Thereafter, he was transferred to the River Conservancy Branch vide order dated 24.12.1998, wherein he is still working. The claim of the petitioner was that he was having the qualification of 10+2 with 3 years diploma course, the petitioner was qualified to be appointed as Junior Engineer and in course of the service, the petitioner had acquired a degree in Arts in a 3 year degree course in the year 2001. In course of time, the service of the petitioner as Junior Engineer was regularized by the Government by order dated 29.07.2004, by creating a post of Junior Engineer personal to the petitioner with effect from 17.06.2004. The petitioner claims that he has gathered experience in River conservancy work and had also successfully completed different works, programmes and jobs, which are related to river conservancy works. It is further projected that although no service rules were notified, but a Draft Service Rules was framed in the year 1991, which the authorities were following despite the same not being notified. The same was replaced by the Draft Service Rules of 2012, which has also not been notified yet. However, the establishment of Directorate of IWT have been following the said Draft Service Rules. By referring to Rule 11 of the said 1991 Draft Service Rules it is submitted that it was provided that Inspector (Technical) was qualified to be promoted to the post of Assistant River Surveyor/ Assistant Training Superintendent in terms of Rule 11(2)(A)(II) and that under Rule 11(4)(I), being a member of Assam IWT, Engineer Service, the petitioner was also eligible for the promotion to the post of Assistant Engineer/ Assistant River Surveyor/ Assistant Training Superintendent.