JUDGMENT AND ORDER :

Heard Mr. U. K. Nair, the learned Senior counsel assisted by Mr. R. Singha, the learned counsel appearing on behalf of the petitioner and Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Forest Department. I have also heard Mr. S. Baruah, the learned Standing counsel appearing on behalf of the Pollution Control Board and its Officials and Mr. S. K. Das, the learned counsel appearing on behalf of the private respondents except the respondent Nos. 12 and 15.

2. It appears from the records that the respondent No.12 and 15 have been duly served and in spite of that, they have not put their appearance.

3. The instant writ petition has been filed challenging the various promotion orders whereby the respondent Nos. 7, 8, 9, 10 and 11 were promoted to the cadre of Assistant Executive Engineer by the orders dated 08.10.2020 and 09.10.2020 as well as the order dated 09.10.2020 whereby the private respondent Nos. 13 to 17 were upgraded to the cadre of Assistant Executive Engineer. At the outset, the learned Senior counsel appearing on behalf of the petitioner has submitted that he is not challenging the promotion of the respondent No.12 taking into account that the respondent No.12 belongs to the reserved category and has the qualification of B.E.

4. For the purpose of deciding the dispute involved in the instant writ petition, it is relevant to take note of the brief facts of the instant case as would appear from a perusal of pleadings of the parties herein. In the writ petition, it has been mentioned that the petitioner is a Bachelor in Engineering (Chemical) was appointed as the Assistant Engineer in the Pollution Control Board, Assam vide the order dated 31.07.2012 and the petitioner joined on 01.08.2012.

5. From the records, it is apparent that in the Minutes of the meeting of the Pollution Control Board, Assam i.e. the 75th Board Meeting held on 19.06.2001, a resolution was adopted in respect to Item No.8. It is seen from the said Minutes that as per the Central Pollution Control Board, no Diploma Engineer should be recruited and the existing Diploma Engineers should be upgraded from the post of Junior Engineer to the post of Assistant Engineer aiming at increasing efficiency of the engineering service of the Board in future. The Board agreed to the said policy of the Central Pollution Control Board in principle but taking into account the then existing financial position of the Board, it was resolved to upgrade those posts of Junior Engineers which conform eligibility of norms phase wise. It was also decided that the Board would not fill the existing vacant post of the Assistant Engineers till it decided by the Board otherwise and the Member Secretary of the Board was directed to submit service sheets of the upgraded engineers person wise specifically mentioning the period of qualifying service, scale of pay, basic pay, departmental proceedings, if any, of the junior engineers for final approval of the Board.

6. On the basis of the said minutes of the meeting dated 19.06.2001, the Member Secretary of the Pollution Control Board sought approval from the Government of Assam, Environment and Forest Department seeking upgradation of the posts with the incumbents to the post of Assistant Engineers vide a communication. Pursuant thereto, the Chairman of Pollution Control Board vide an Office Order dated 30.12.2005 in exercise of powers under Rule 22(iii) of the Water (Prevention and Control of Pollution)(Assam) Rules, 1977 upgraded the services of 14 Junior Engineers working in the Board having more than 10 years of experience to the post of Assistant Engineer with immediate effect. The private respondents herein except the respondent No.12 were amongst the various persons whose posts were upgraded in terms with the Office Order dated 30.12.2005. It further appears that on 05.12.2009, the Member Secretary of the Pollution Control Board, Assam vide an Office Order had also fixed the pay of the persons