1. Heard Mr. P. Kataki, the learned counsel appearing for the petitioner. The respondent Brahmaputra Valley Fertilizer Corporation Ltd., Namrup (hereinafter referred to as ‘the Management’) is represented by the learned senior counsel Mr. M. Z. Ahmed.

2. The petitioner after due selection was appointed as Tradesman (Instrumentation) in the Corporation on 15.5.1985 at the Namrup-III Project and his service was confirmed in that post on 21.3.1986. The appointee was promoted as Technician Grade-III (Inst.) w.e.f. 31.7.1987 and subsequently he was promoted on 4.12.1995 to the Technician Grade-II cadre. But while securing promotion to the Technician Grade-II cadre, the petitioner was considered against a ST vacancy because of the ST certificate produced by him and while securing promotion 4.12.1995, the petitioner superseded his senior colleague Mr. B.K. Phukan in the General category. Subsequently the petitioner was again promoted as Technician Grade-I on 12.9.2001.

3. On 1.6.2006 (Annexure-XII), the Management issued a charge memo where it was alleged that at the time of his promotion from Technician Grade-III to Technician Grade-II against a ST quota vacancy, the petitione