JUDGMENT & ORDER :

Heard Mr. B. Purkayastha, learned counsel appearing on behalf of the petitioner. Also heard Mr. D. Nath, the learned Senior Government Advocate along with Mr. A. Chakraborty, learned counsel appearing on behalf of the Fishery Department of the Govt. of Assam.

2. The issue involved in the instant writ petition relates to whether the respondent authorities were justified in issuance of the advertisement dated 15.09.2019 for filling up the post of Junior Assistant in the Office of the District Fisheries Development Officer, Karimganj that too when the proceedings pertaining to promotion of the petitioner from Grade–IV to Grade-III were pending after being recommended by the District Level Promotional Committee.

3. The case of the petitioner in brief is that the petitioner was appointed as Grade–IV employee by the respondent no.3, vide its Order dated 08.04.1994 and posted in the Office of the District Fisheries Development Officer, Karimganj. Admittedly, the petitioner had only passed HSLC or equivalent.

4. In the minutes of the meeting held on 27.03.2018, by the selection committee for promotion of Grade-IV in Karimganj District in the Office chamber of the District Fishery Development Officer, Karimganj, the petitioner was recommended to be promoted against the vacant post of Junior Assistant under the District Fishery Development Officer, Karimganj against the sanction dated 23.12.2003 against the vacant post of one Smti Papori Das who have been promoted.

5. It is pertinent herein to take note of that Smti Papori Das was to be promoted on the basis of recommendation of selection committee held on 30.12.2016. Pursuant to the resolution so adopted in the minutes of the meeting dated 27.03.2018, the District Fishery Development Officer, Karimganj vide a communication dated 05.04.2018, sought the approval for promotion of the petitioner to the post of Junior Assistant in the office of the District Fishery Development Officer, Karimganj.

6. Thereafter, the record reveals that certain queries were made by the concerned respondent authorities to the District Fishery Development Officer, Karimganj and there were certain correspondences exchanged. The petitioner had also vide a representation dated 25.07.2018 requested the Director of Fisheries, Assam to give the approval for his promotion to the post of Junior Assistant.

7. While the aforesaid process was going on, the respondent authorities, i.e., the District Fishery Development Officer Karimganj issued an advertisement dated 15.09.2019 calling from intending eligible candidates for filling up the sanction vacant post of the Junior Assistant. The petitioner being aggrieved had approached this Court challenging the said advertisement on the ground that as his promotion to the said post was at the stage of finalization, the respondent authorities ought not to have gone ahead with the said advertisement.

8. This Court had issued notice on 06.12.2019, and in the interim, it is provided that the post of Junior Assistant pursuant to the advertisement dated 15.09.2019 shall be filled up till the returnable date. The respondent authorities however, from time to time had sought for accommodation for filing their affidavit-in-opposition, but till date have not filed any affidavit-in-opposition.

9. In the backdrop of the above pleadings, let this Court therefore, take into consideration the submissions made by the learned counsels for the parties.

10. Mr. B. Purkayastha, the learned counsel appearing on behalf of the petitioner submitted that the petitioner was already recommended on 27.03.2018 by the selection committee and thereupon, the respondent authorities ought to have given the approval for his appointment which have not been done so, instead, the concerned respondent authority have gone ahead with an advertisement for filling up the said post thereby affecting the rights of the petitioner as regards his promotion. He further submitted that at the time when the petitioner was