IMPORTANT POINT
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 Assistant.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel appearing for the Secondary Education, Assam, representing the respondents no. 1 to 4 and Mr. K.R. Patgiri, learned counsel appearing on behalf of the respondent no. 5.

2. The petitioner, by way of instituting the present proceeding has prayed for a direction upon the respondent authorities for consideration of his case for promotion against the post of Junior Assistant, lying vacant in Cotton Collegiate Govt. Higher Secondary School, Panbazar, Guwahati; or, in any other vacant post of Junior Assistant. The petitioner has also presented a challenge to a communication dated 27.05.2022, issued by the Director of Secondary Education, Assam, holding therein, that there being no provision for promotion of Grade-IV employees to the post of Junior Assistant, under the provisions of Assam Secondary Education (Govt. Schools) Service Rules, 2020 (hereinafter referred to as “the Service Rules of 2020”).

3. The petitioner, who is a graduate, was initially engaged as a Bungalow Peon, to the then Director of Secondary Education, Assam, in the year 2004. Subsequently, the petitioner, in terms of a Government policy, in vogue was absorbed as a Grade-IV employee vide the order dated 31.12.2011; in the office of the Principal of Cotton Collegiate Govt. Higher Secondary School, Guwahati (hereinafter referred to as “the school”). It is contended that the Director of Secondary Education, Assam, vide a communication dated 29.11.2017; had intimated that the Ministerial Staff of Govt. Secondary Schools as well as that of the Inspector of Schools of Assam, is to be treated as a common cadre and the Directorate was following the Assam Directorate Esstt. (Ministerial) Service Rules, 1973, (hereinafter referred to as “the Service Rules of 1973”) for considering the cases of such Ministerial Staffs to the next higher grade.

4. The petitioner, further contends that the provisions of the said Service Rules of 1973, had undergone an amendment in the year 2016 and in terms of the said amendment, a Grade-IV employee was eligible for consideration for promotion to the post of Junior Assistant, provided that, he had a Bachelor degree from a university recognized by the Government and had rendered not less than 07(seven) years of continuous service. It further provides that the 10% of the vacancies in the cadre of Junior Assistant is to be filled up by way of promotion from amongst eligible Grade-IV employees. The petitioner, herein, being a graduate and on completion of the requisite length of service as a Grade-IV employee, submitted an application, before the Director of Secondary Education, Assam, on 28.01.2019; praying for consideration of his case for promotion against the vacant post of Junior Assistant, available in the school wherein he is working, on account of the incumbent therein, retiring on 20.10.2011.

5. The petitioner, thereafter, had again approached the Director of Secondary Education, Assam, praying for consideration of his case for promotion. One of such representations made, was forwarded by the Principal of the school, vide a forwarding dated 08.04.2022. The said representation as preferred by the petitioner in the year 2022 and forwarded by the Principal of the said school, on 08.04.2022; on consideration, came to be responded to, by the Director of Secondary Education, Assam, vide a communication dated 27.05.2022; wherein, it was held that there is no provision for promotion of Grade-IV employee to the post of Junior Assistant in the said Service Rules of 2020.

6. The petitioner, being aggrieved by the said communication dated 27.05.2022, has instituted the present proceeding, assailing the same with a further prayer for a direction upon the respondent authorities to consider his case for promotion against the post of Junior Assistant, lying vacant in the said school since 2011 and/or any other vacant