The main legal point established in the judgment is that the amendment to the Service Rules in 2000 would not affect the accrued right of promotion if the vacancies occurred prior to the amendment.

Hrishikesh Roy, J.

1. Heard Mr. A.K. Sharma, learned Counsel appearing for the Petitioner. Also heard Mr. P.S. Deka, learned Govt. Advocate who represents the Respondents. Mr. R.C. Saikia, learned Counsel appears for Respondent No. 4, who got himself impleaded in the present proceeding.

2. The Petitioner joined as a Statistical Assistant in the year 1989, under the Controller of Legal Metrology, Govt. of Assam and is before this Court to espouse a claim for promotion, to the post of Inspector. He is a science graduate with mathematics as his major subject.

3. By filing W.P.(C) No. 177/05, the Petitioner earlier approached this Court for appropriate direction for considering his promotion to the post of Inspector, Legal Metrology. The said writ petition was disposed of by this Court on 2.2.2006, directing the authorities to consider the case of the Petitioner for promotion. By the impugned order dated 18.12.2006 (Annexure IV), a purported consideration of the claim for promotion was made by the Respondent authorities. In the said order it was recorded that the Petitioner does not possess a Bachelor Degree in Science with Physics as one of the subject and accordingly he is not qualified to be promoted to the post of Inspector. It is also recorded that by virtue of the amendment made in Rule 11 of the Assam Weights and Measures Services Rules, 1981 (hereinafter referred to as 'the Service Rules, 1981'), the Petitioner cannot be promoted to the post of Inspector, on the ground of not having science degree with physics, as is prescribed by the Amendment Rules, 2000.

4. Under the Service Rules 1981, Post of inspector has been included in Clause III of Rule 3(c) and it is prescribed under Rule 5 that 25% of the posts in the Cadre of inspector are to be filled up by promotion.

Rule 11(4) prescribes the eligibility criteria for being promoted to the post of inspector and it is provided there-under that a person working in the feeder post, holding a Bachelor Degree in Science would be eligible for promotion to the post of Inspector,

5. The Assam Standards of Weights and Measures (Enforcement) Rules, 1994 (hereinafter referred to as "the Enforcement Rules, 1994") came to be notified on 13.3.1995. Under the Rule 20 of the Enforcement Rules, 1994 it is prescribed that no person shall be appointed as Inspector unless he "is a graduate of recognized University in Science with Physics as one of the subjects,....". Sub-rule 2 of Rule 20 of the Enforcement Rules, 1994 further prescribes that nothing in Sub-rule 1 shall apply to persons who have been working as Inspector or are eligible for promotion as Inspector before the commencement of this Rule.

6. The consequential amendment in the Service Rules, 1981 came to be incorporated by the Assam Legal Metrology Service (Amendment) Rules, 2000. By amending Rule 7, amendment in the Principal Rule 11 of the Service Rules, 1981 was made, whereby it is now prescribed under Sub-clause 'C' that only a Bachelor Degree holder in Science and Physics as one of the subjects... shall be eligible to be promoted to the post of Inspector against the promotional quota.

7. Mr. A.K. Sharma, learned Counsel appearing for the Petitioner submits that the Petitioner worked in the feeder post of Statistical Assistant since the year 1989 and became eligible for being considered for promotion under the Service Rules, 1981 as the Petitioner also fulfill the educational qualification prescribed under Rule 11(4)(c) of the Service Rules, 1981 as he possess a Bachelor Degree in Science.

The learned Counsel contends that amendment to the Service Rules, 1981 brought about in the year 2000 comes into effect only from 31.12.2001 and since the Petitioner is claiming promotion to the posts meant for promotees which fell vacant prior to 31.12.2001, the further educational qualification prescribed in the Service Rules, 1981 by the amendment made in the year 2000 will not take away the accrued right of the Petitioner to get promotion.

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