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2024 Supreme(Gau) 978

SANJAY KUMAR MEDHI
Dhiren Bharali, S/o. Sri Dhano Ram Bharali – Appellant
Versus
State of Assam, Rep. by the Principal Secretary to the Govt. of Assam, Deptt. of Panchayat and Rural Development – Respondent


Advocates Appeared:
For the Petitioner: Shri K.N. Choudhury, Senior Counsel Shri C. Goswami.
For the Respondents: Mr. M. Nath, Shri S. Dutta, SC-P&RD, Shri R. Borpujari, SC-Finance Dept. Shri S.K. Medhi, SC-AG.

JUDGMENT :

Sanjay Kumar Medhi, J.

The issue involved in this writ petition pertains to a claim for giving retrospective effect to the promotion of the petitioners as Assistant Engineers in the Panchayat and Rural Development Department.

2. As per the facts projected, the petitioners, who were initially Diploma holders were appointed as Junior Engineers in the Panchayat and Rural Development Department. While in service, the petitioners had acquired the Degree of Associate Membership Examination in Civil Engineering (India) (AMICE) (I), in the year 2013, which the petitioners contend to be equivalent to Degree in Civil Engineering. As per the Rules holding the field, namely, Assam Panchayat and Rural Development Officers (Technical) Service Rules of 2015 (hereinafter Rules of 2015), more particularly, Rule 11(4)(c), when a Diploma holder who was appointed in the post of Junior Engineer obtains the Degree of Engineering, he is to be promoted to the next available vacancy of Assistant Engineer in consultation with the Assam Public Service Commission (APSC). It is further stipulated that such promotion would be considered as direct appointment. A meeting was held on 05.06.2014 and the min

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