The absence of a prescribed ratio for filling up vacant posts does not violate fundamental rights if the service conditions of the petitioner have not been altered to his detriment.

JUDGMENT

Kalyan Rai Surana, J. - Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. P.K. Kalita, learned senior counsel assisted by Mr. K.R. Borooah, learned counsel for the respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, who is presently working in the post of Senior Manager, Law (Grade-II), has prayed for the following reliefs:

i) Why the selection process initiated pursuant to the impugned notice/ advertisement dated 12.02.2019 (Annexure-4) shall not be quashed and set aside or modified.

ii) Why a direction shall not be issued to the authorities to work out the proper ratio of post of Manager, Law (Scale-III) to be filled up by promotion and by direct recruitment.

iii) Why a direction shall not be issued to the authorities to consider the case of the petitioner for promotion to the post of Senior Manager, Law (Scale-III) pursuant to the process initiated by notification dated 05.01.2019 against the due vacancies to be filled up by promotion after working out the ratio.

3. The case projected by the petitioner is that while preparing for departmental promotion exercise from Senior Manager, Law (Grade-II) to Senior Manager, Law (Grade-III), he had come across the advertisement dated 12.02.2019 for direct recruitment of Technical Officer, by way of which 55 (fifty five) posts of Senior Manager, Law (Scale-III) were sought to be filled up. It is submitted that in the previous promotional process, results were declared on 01.04.2019 and the petitioner did not qualify. In this context, the learned counsel for the petitioner has submitted that the petitioner has not assailed the previous promotional exercise that had culminated on 01.04.2019, but he has challenged the advertisement for direct recruitment dated 12.02.2019, inter alia, on the ground that the posts of Senior Manager, Law (Scale-III) by way of direct recruitment and promotion had to be filled up in the ratio of 50:50. It is submitted that while 55 numbers of fresh vacancy and 2 previous vacancies, i.e. 57 (fifty seven) vacant posts of Senior Manager, Law (Scale-III) was to be filled up, the respondents had earmarked only 2 (two) vacant posts for being filled up by way of promotion. Accordingly, the grievance of the petitioner is that the respondents are trying to fill up the vacant posts of Senior Manager, Law (Scale-III) at their whims and fancies without maintaining any ratio of filling up such posts by way of direct recruitment and promotion. It is submitted that if the promotional posts are not earmarked, the petitioner and others, who are expecting their promotion would never get a promotion to Scale-III level. Accordingly, the petitioner has sought for relief in terms of prayers as indicated herein before. In support of his submissions that there must be a quota for direct recruitment and for filling up posts on promotion, the learned counsel for the petitioner has referred to the case of S.G. Jaisinghani vs Union of India, (1967) AIR SC 1427.

4. Per contra, the learned senior counsel for the respondents has submitted that in the promotion policy for Technical Officer, which includes the posts of Senior Manager, Law (Scale-III), there is no prescribed ratio for filling up of such vacant posts of Senior Manager, Law (Scale-III) and, as such, it is stoutly denied that the vacancies are likely to be filled up in the ratio of 50:50 as claimed by the petitioner. It is submitted that as per the advertisement dated 12.02.2019, it was envisaged that all the posts were to be filled up by direct recruitment and in this regard, it is submitted that 2 (two) posts, which has been mentioned by the petitioner was to be filled up by way of promotion in the previous promotion exercise, which had culminated on 01.04.2019. It is further submitted that just because there is no indication of filling up such posts in a particular ratio from amongst direct recruiters and promotes, the direct recruitment ca