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N. UNNI KRISHNAN NAIR
SYED SHAH SIKANDAR ALI S/O LATE SULEMAN ALI – Appellant
Versus
STATE OF ASSAM – Respondent
Headnote: Read headnote
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, wa
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....
Assam Subordinate Secretariat Service Rules, 1963 clearly includes PWD Secretariat within its fold, it cannot be said that Water Resources Department should be treated to be outside purview of Rules.
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....
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 ....
Promotion rights based on seniority prior to rule changes upheld; non-consideration of eligible employees violates legal rights.
Promotion rights under prior rules cannot be denied based on prior litigation participation, ensuring equal consideration for eligible employees.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
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