The court emphasized the authority of the selection committee to recommend candidates for promotion based on suitability, merit, and seniority, as per the relevant rules.

JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. B.D. Konwar, learned senior counsel, assisted by Mrs. J.M. Konwar and Ms. Eliza Sikdar, learned counsel for the petitioners. Also heard Mr. N. Goswami, learned Govt. Advocate for the State of Assam.

2. This writ petition under Article 226 of the Constitution of India has been filed, inter-alia, (i) to assail the impugned order dated 07.01.2015, thereby rejecting the proposal for promotion of the petitioners to the post of Sub- Inspector in the Department of Food, Civil Supplies and Consumer Affairs ("FCSCA Deptt." for short), and (ii) for a direction to the Government to accord approval for promotion of the petitioners to the said post.

3. The learned senior counsel for the petitioners has referred to the statements made in the writ petition as well in the affidavit- in- reply filed by the petitioners against the affidavit- in- opposition filed by the respondent no. 3. It is submitted that on 09.01.2001, the petitioner no. 1 had joined service as Junior Assistant in the office of the Deputy Director, FCSCA Deptt., Karbi Anglong Autonomous Council, Diphu. On 14.11.1991, the petitioner no. 2 joined service as Junior Assistant in the office of the Sub- Divisional Officer (Civil), Bilasipara, Dist. Dhubri and is presently serving in the same post in the Office of the Deputy Commissioner, Dhubri on deputation. Since 10.09.2004, the petitioner no. 3 is serving as Junior Assistant in the office of the Directorate of FCSCA Deptt., Assam at Guwahati. It is submitted that in the month of May, 2011 the respondents had carried out an exercise to fill up 14 vacant posts of Sub- Inspectors under FCSCA Deptt. on promotion from amongst the eligible Junior Assistants under 25% quota as provided under Rule 11(2) of the Assam Supply Service Rules, 1989, as amended. Accordingly, for the said purpose a Selection Committee was constituted by an order under Memo dated 20.01.2012. The written test and viva voce test was conducted on 26.12.2012. In the select list published, the names of the petitioners appeared in sl. no. 12, 13 and 14 in order of merit. However, the selection committee had recommended only the names of first 11 candidates for promotion. It is submitted that the appointment was challenged by filing a writ petition, being W.P.(C) 7879/2005, and subject to the outcome of the said writ petition, the selected 11 candidates were promoted by an order dated 20.06.2013 issued by the respondent no. 3. The said writ petition was disposed of by an order dated 29.09.2014, with a direction to the authorities to pass a speaking order. Accordingly, the Commissioner & Secretary to the Govt. of Assam, FCSCA Deptt., had passed a speaking order to the following effect:-

wxyz

"Now, therefore, having considered the facts as stated above and taking into account all factors relevant to the case, it is ordered that the promotion to the cadre of Sub-Inspector, FCS & CA from the LDA of the amalgamated establishment of Deputy Commissioner in the Districts/ Sub-Divisions so far made, is not irregular as the relevant rule is not specific in respect of Lower Division Assistants of Districts/ Sub-Divisions.

zyxw

wxyz

However, considering the facts that there are also separate avenues for promotion of the ministerial staff of the amalgamated staff of the Deputy Commissioners eligible ministerial staff of Directorate of FCS & CA and of the Food, Civil Supplies and Consumer Affairs branches of the amalgamated establishment of Deputy Commissioners/ Sub-Divisional officers drawing salaries under F, CS & CA Heads of Accounts for a period of five years or more. Relevant rules need to be amended and made more specific accordingly."

zyxw

4. It is submitted that vide a proposal letter dated 14.11.2014, the Director of FCSCA Deptt., Assam (respondent No.3) had sought approval from the Govt. for promoting/ appointing the petitioners to the remaining 3 vacant posts of Sub- Inspectors under the Department, being the next three candidates in