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MANISH CHOUDHURY
Pankaj Kumar Sarma, S/o. Sri Ramani Kanta Sarma – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. The writ petition has been instituted under Article 226 of the Constitution of India with two-fold prayers, firstly, for setting aside and quashing of an order dated 12.09.2019 passed by the respondent no. 3, that is, the Commissioner and Secretary to the Government of Assam, Secretariat Administration Department [SAD], and secondly, for a direction to the State respondents to consider the case of the petitioner for merger of the post of Data Entry Operator in which he is currently serving, with the post of Junior Administrative Assistant [Jr.A.A.] in the establishment of the General Administration Department [GAD], Assam Secretariat, Government of Assam in terms of the Resolution made in the Report of the 7th Assam Pay and Productivity Pay Commission and the Report of the Committee constituted to examine the Report of the 7th Assam Pay and Productivity Pay Commission, by giving the consequential service benefits to him as per the provisions of the Assam Secretariat Subordinate Service Rules, 1963, as amended.
2. The case projected on behalf of the petitioner can be exposited as follows :
2.1. By an Office Order dated 16.07.2010 issued under the hand of the respondent
Cabinet being a general controlling body is constitutionally entrusted with duty of formulating national policy whose decisions are binding on all governmental departments.
Assam Subordinate Secretariat Service Rules, 1963 clearly includes PWD Secretariat within its fold, it cannot be said that Water Resources Department should be treated to be outside purview of Rules.
The court established that the Odisha Public Service Commission must restructure its cadre to align terms of service with the Secretariat, ensuring equal treatment under the governing regulations, ad....
Promotion eligibility governed by current administrative rules; previous qualifications irrelevant after absorption into new regulations.
The court affirmed the validity of the merger of Senior Supply Inspectors with Area Rationing Officers effective from 30.06.2011, ruling that executive orders cannot override statutory rules.
The main legal point established in the judgment is that the cut-off date for promotion eligibility, as prescribed under Rule 11 (C) of the Assam Treasury (Establishment) Service Rules 1993, applies ....
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