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A. M. BUJOR BARUAH
Asomi Gogoi – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. promotion process and candidates’ details. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding promotion seniority and process. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's examination of selection process validity. (Para 17 , 18 , 19 , 20) |
| 4. implications of sealed cover method for promotions. (Para 22 , 24 , 26 , 27 , 30 , 41) |
| 5. final judgment on entitlements and promotions. (Para 77 , 79 , 81) |
JUDGMENT :
A.M. BUJOR BARUAH, J.
1. Heard Mr. UK Nair, learned senior counsel for the petitioner. Also heard Mr. R Majumdar, learned counsel for the respondents No. 1 and 2 being the authorities under the Elementary and Secondary Education Department, Government of Assam and Mr. TK Barman, learned counsel for the respondents No. 3 being the authorities under the Assam Public Service Commission (for short, the Commission). In respect of respondents No. 4 and 5, namely Sri Rabi Sankar Borgoiry and Sri Sonmoni Das, the office note dated 9/7/2018 provides that the A/D card has been received in respect of the said two respondents and the perusal of the A/D card reveals the receipt of the notices by the said two respondents. In respect of respondent No. 6, the petitione
Service Law - Non- implementation of order of promotion - Appointments of officers are subject to DAR/Vigilance/ Criminal case clearance by Railways - Officers should be advised that above officiatin....
Selection Committees must not use sealed cover procedures for promotion unless formal charges are framed against an employee, preserving rights to promotion.
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
Promotion upon assumption of duties validly contingent upon completion of disciplinary proceedings; no vested rights to promotion established.
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
Promotion in government service cannot be denied solely based on the pendency of a vigilance inquiry; a charge memo or charge-sheet must be issued for such denial to be lawful.
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