The main legal point established in the judgment is that an employee who voluntarily shifts to another division and fails to raise objections at the time of the shift cannot claim retrospective promotion in the previous division, especially when promotional avenues are not available after the shift and there is no financial stagnation.

JUDGMENT :

[Sandeep Mehta, J.]

Heard Mr. R.C. Saikia, learned counsel for the appellant/ writ petitioner and Mr. R. Goswami, learned counsel representing the respondents.

2. Through this intra-Court writ appeal, the appellant (writ petitioner) has laid challenge to the judgment & final order dated 24.10.2019 passed by the learned Single Judge, dismissing WP(C) No.5526/2016 preferred by the petitioner with the following prayers:-

“In the aforesaid circumstances, it is most earnestly prayed that Your Lordships would be graciously pleased to issue Rule, call for the records, directing the Respondents to show cause as to why Annexure ‘C’ and Annexure ‘E’ shall not be set aside and as to why a writ in the nature of certiorari shall not be issued directing the respondents to promote the petitioner to the post of Development Officer Grade-I, from Development Officer Grade-II with retrospective effect i.e. from the date when the petitioner collected the premium of above Rs.7.5 lakhs in the extended period of time as per letter dated 1.6.2001 (Annexure-D) and after cause or causes being shown if any your Lordships may kindly be pleased to make the Rule absolute and/or such order/orders as Your Lordships may deem fit and proper in the above facts and circumstances of the case.

-AND-

Pending disposal of this Writ Petition as an emergency has existed, your Lordships may kindly pass an interim order directing the respondents to keep one post of Development Officer, Grade-I vacant.”

3. The appellant herein, seeks a direction upon the respondents to promote him to the post of Development Officer Grade-I from the post of Development Officer Grade-II with retrospective effect, i.e. from the date when the appellant/writ petitioner, collected premium of more than Rs.7.50 Lakhs in the extended period of time vide the letter dated 01.06.2001. The petitioner has also assailed the Office Memorandums dated 16.03.2000 and 21.01.2004 in the writ petition as well as in this writ appeal.

4. As per the case set up in the writ petition, the appellant/ writ petitioner was appointed as Development Officer Grade-II on probation vide the letter/order dated 23.12.1999. His initial appointment was on probation and he was attached to the Mangaldoi Branch under Guwahati Division-I. The period of probation was for 1(one) year extendable further. The service of the appellant/writ petitioner as Development Officer Grade-II was extended for a period of 1(one) year with effect from 24.12.2000, by an order dated 01.06.2001. Thereafter, his service as Development Officer Grade-II was confirmed with effect from 24.12.2001, by a letter dated 08.04.2002. The appellant/writ petitioner has projected that as per his initial appointment letter dated 23.12.1999, he was required to secure minimum premium income of Rs.7.50 Lakhs during the period of probation. In the letter dated 01.06.2001 extending the service of the appellant/writ petitioner, it was specifically indicated that he would be required to procure a minimum premium of Rs.7.50 Lakhs and that all the other terms and conditions mentioned in the appointment letter dated 23.12.1999 would remain the same. However, to the predicament of the appellant, a letter dated 16.03.2000 was issued, wherein the amount of premium was increased to Rs.8 Lakhs. In the very same letter, the target for placement in Grade-I was fixed at Rs.10.25 Lakhs.

5. The appellant/writ petitioner raised a grievance that this enhancement in targets to be achieved amounted to change in terms of employment and hence, the same was bad in the eyes of law. The appellant/writ petitioner further claimed that he had collected premium to the tune of Rs.9.8 Lakhs during his extended period of service as probationary Development Officer Grade-II, which was more than the prescribed target for placement in Grade-I. The revised target of Rs.10.25 Lakhs fixed by the letter dated 16.03.2000 for promotion to Grade-I was contrary to the terms of appointment of the appellant/