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SUMAN SHYAM
Dinesh Kumar Singh S/o Late Sukhnandan Singh – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SUMAN SHYAM, J.
1. Heard Mr. H.K. Das, learned counsel for the writ petitioner. Also heard Mr. B. Goswami, learned Additional Advocate General, Assam, appearing on behalf of the respondent nos. 1, 2 & 3 and Mr. P. Nayak, learned Standing Counsel, General Administration Department (GAD), Assam, appearing for the respondent nos. 4 to 7.
2. The case of the petitioner, in a nutshell, is that he was initially appointed in a Grade-IV post (Peon) under the Flood Control Department (now renamed as Water Resources Department) on compassionate ground, by the order dated 01/08/1997, issued by the Under Secretary to the Government of Assam, Flood Control Department, Guwahati. Since the time of his appointment, the petitioner has been serving in the Assam Secretariat in a Grade-IV post. It appears that the petitioner was promoted to the post of Daftry, which is also a Grade-IV post. The grievance of the petitioner is that although he was entitled to be promoted to the Grade-III post of Junior Administrative Assistant (JAA), yet, he has not been considered for promotion to the said post although his junior have been promoted as JAA long back.
3. It appears that the condition of service of
Promotion eligibility governed by current administrative rules; previous qualifications irrelevant after absorption into new regulations.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
The main legal point established in the judgment is that any direction for consideration of promotion must be in line with the present Rules, and the court cannot grant relief based on earlier qualif....
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 ....
The main legal point established in the judgment is that an employee cannot compel the employer to grant promotion if the Government's decision is supported by valid reasons and is not arbitrary.
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