Back
2005 Supreme(Gau) 366
IN THE HIGH COURT OF GAUHATI
H.N. Sarma, J.
Upendra Nath Bezbaruah and Ors. – Appellants
Vs.
State of Assam and Ors. – Respondent
W.P. No. 3652 (A.P.) of 2003
Decided On: 10.05.2005
For Appellant/Petitioner/Plaintiff: G. Uzir, S.K. Medhi and B. Sinha, Advs.
For Respondents/Defendant: A.K. Thakur, Adv.
Consideration for promotion is a fundamental right of an employee, and the State Government is responsible for filling up the required posts to ensure the proper functioning of ITIs.
Headnote:
Promotion - Administrative Law - Assam Craftsmen Training Service Rules, 1993 - Rule 5(b), Rule 6(1) - The court directed the State Government to fill up the required number of posts of Junior Principals in the ITIs, providing an opportunity for promotion to the petitioners within a period of four months.
Fact of the Case:
The petitioners, who are Superintendents in different Industrial Training Institutes (ITIs), raised a grievance that existing vacancies of Principal in 24 ITIs in the State had not been filled, affecting their promotional avenues and the academic training of students.
Finding of the Court:
The court directed the State Government to take necessary initiative for filling up the required number of posts of Junior Principals in the ITIs, providing an opportunity of promotion to the petitioners within a period of four months.
Issues: Non-filling of Principal vacancies in ITIs, stagnation of promotional avenues for the petitioners, adverse effect on academic training of students.
Ratio Decidendi: Consideration for promotion is a fundamental right of an employee, and the State Government is responsible for filling up the required posts to ensure the proper functioning of ITIs.
Final Decision: The writ petition is disposed of with a direction to the State Government to fill up the required number of posts of Junior Principals in the ITIs, providing an opportunity for promotion to the petitioners within a period of four months.
H.N. Sarma, J.
1. Heard Mr. G. Uzir, the learned Counsel for the Petitioner. Also heard Mr. A.K. Thakur, learned Addl. Sr. Govt. Advocate on behalf of the State Respondents.
2. The Petitioners, 7 (seven) in numbers are all Superintendents, serving in different Industrial Training Institutes (For short ITI). The short grievance raised in this petition is that, although there are existing vacancies of Principal in 24 numbers of I.T.Is. in the State, the State Government has not filled up those posts; thereby not only stagnating the promotional avenues of the Petitioners, but also having adverse affect on the academic training of the Students. It is the case of the Petitioners that, these I.T.Is. being required to train the students in technical aspects, filling up of those posts and other vacant posts in the I.T.I, is a must for proper and effective training of the students. It has been submitted by Mr. Uzir that due to non-promotion to the rank of Principal from the qualified Superintendents, now serving in the I.T.Is., the Petitioners have been adversely affected in their service career and they are stagnated in their posts for 10 to 16 years and accordingly, Mr. Uzir has prayed for necessary direction to the State Government to fill up the posts of those principals with immediate effect.
3. An affidavit in opposition has been filed on behalf of the State Government denying the contentions of the writ Petitioners. Similar affidavit has also been filed by the Respondent Nos. 4 and 5 wherein the background of the setting up of the I.T.Is. in the State is revealed. The Respondent No. 4 and 5 in principle had not denied the allegations of the Petitioners. None the less, it is the State Government, who is responsible for administration of the existing I.T.Is. of the State and the promotional and other conditions of service of the employees including the writ Petitioners, who are being supervised as well as controlled by the State Government itself. In the affidavit in opposition of the State Government it is stated that four (4) posts of Senior Principals of I.T.Is. at Jorhat, Guwahati, Srikona and Nagaon are vacant for some time, which is due to the fact that there are no incumbents in the feeder cadre of Jr. Principal. It is also stated therein that, all the 5 (five) posts of Jr. Principals were vacant since along time is partly correct and in fact those posts including one post of Asstt. Director of Craftsmen Training, which is borne in the same cadre, are lying vacant for some time due to administrative reasons as well as ban on new recruitment. At Para 6 and 7 of the affidavit in opposition, it is stated as follows:
6. That, with regard to the statement made in Para 5 of the writ petition, this deponent begs to state that the contention made by the Petitioner that all the Superintendents are entitled for promotion to the next higher post of Principal (Jr.) since have been rendering continuous service for ten to sixteen years, which is much above the stipulated minimum period of four years of service as prescribed under Rule 5 of the Assam Craftsmen, Training Service Rules, 1993. In this regard, it is submitted that Rule 5(b) of the said A.C.T.S. Rules, 1993 also stipulated that "50% of the cadre strength will be filled up by promotion. The rest 50% will be filled up by way of Direct Recruitment in accordance to the Rule 6(1)". Consequent to this provision, the Government of Assam decided to follow the Rule 5(b) of A.C.T.S. Rules, 1993 and promoted 50% of the cadre strength of 6(six) i.e. 1 (one) Superintendent to the post of Asstt. Director of Craftsmen Training and other 2 (two) to the post of Jr. Principal.
7. That, with regard to the statement made in Para 6 of the writ petition, this deponent begs to state that it is true that due to various administrative reasons 4(four) posts of Deputy Directors, 4(four) posts of Senior Principal could not be filled up for several years. At the same time 3 (three) posts of Deputy Dire
