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N. UNNI KRISHNAN NAIR
SYED SHAH SIKANDAR ALI S/O LATE SULEMAN ALI – Appellant
Versus
STATE OF ASSAM – Respondent
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. S
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....
Promotion rules of a public service entity do not require graduation for advancement when the governing rules do not explicitly mandate such qualifications, emphasizing merit and seniority.
Promotion from Record Assistant to Junior Assistant, though irregular, was not illegal as it was made after completing the necessary service and there was a sanctioned post available. The period of c....
Promotion eligibility governed by current administrative rules; previous qualifications irrelevant after absorption into new regulations.
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 ....
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.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
Promotion rights based on seniority prior to rule changes upheld; non-consideration of eligible employees violates legal rights.
Merely reducing chances of promotion does not infringe the right to be considered for promotion, which is not a condition of service under Articles 14 and 16 of the Constitution.
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