IMPORTANT POINT
Promotions to Assistant Director, Tea Development were valid under the applicable rules at the time, and their cancellation was unsustainable and violated principles of natural justice.

JUDGMENT :

Heard Mr. S. Nath, learned counsel for the petitioners. Also heard Mr. N. J. Gogoi, learned Standing Counsel for the Tea Board, representing the respondent nos. 2 to 5.

2. The challenge made in the present proceeding is to an Office Memorandum bearing No. 139/2013 dated 01.07.2013, by which the promotions of the petitioners, herein, to the post of Assistant Director, Tea Development effected vide O.M. dated 18.07.2011 and 09.08.2011, were cancelled with a further prescription for effecting recovery of the excess salaries drawn by the petitioners, herein, while holding the promotional post of Assistant Director, Tea Development.

3. As projected in the writ petition, the petitioners herein were initially recruited in the year 2007 as Assistant Development Officers in the Tea Board and were posted at Dibrugarh, Jorhat and Itanagar respectively. In pursuance to the recommendations of the 6th Central Pay Commission, the post of Assistant Development Officer came to be merged with that of the post of Development Officer w.e.f. 01.01.2006. Consequentially, the petitioners herein having been recruited as Assistant Development Officer after 01.01.2006, are to be deemed to have been holding the post of Development Officer since their date of initial recruitment.

4. In terms of the provisions of the “Tea Board (Recruitment and conditions of Services of Officers appointed by Government) Rules, 1971” which was adopted by the Tea Board for its employees also, the next promotional avenue available to the incumbents in the post of Development Officer are the post figuring in the cadre of Assistant Director of Tea Development. Accordingly, on completion of the requisite length of service as Development Officers, the cases of the petitioners came to be considered for promotion to the posts of Assistant Director of Tea Development, under the provisions of the said rules. On consideration of their cases the petitioner nos. 2 and 3 came to be promoted to the cadre of Assistant Director of Tea Development vide issuance of Office Memorandum dated 18.07.2011. The petitioner No. 1 was so promoted vide issuance of Office Memorandum dated 09.08.2011. All the petitioners joined against their respective promotional post immediately thereafter.

5. The respondents thereafter, proceeded to issue an Office Memorandum dated 01.07.2023, towards cancelling the promotions effected in respect of the petitioners to the cadre of Assistant Director of Tea Development in the year 2011. The Office Memorandum dated 01.07.2023, stipulates that the cancellation of the promotions of the petitioners were warranted, inasmuch as, the same were so effected in violation of the provisions of the Department of Personnel and Training Circular No. AB-14017/2008-Estt(RR) dated 24.03.2009.

6. Mr. S. Nath, learned counsel appearing for the petitioners has submitted that the said Rules of 1971 were all along being applied by the Tea board for promotions of employees appointed by the Tea Board. Accordingly, in terms of the prescriptions made, therein with regard to the eligibility criterias requisite for recruitment to the various posts so involved, it is contended that for the post of Assistant Director of Tea Development, was mandated to be so filled up by way of promotion. However, in the event of non-availability of suitable departmental candidates, it was provided that the same could be filled up by way of direct recruitment. The eligibility criteria as mandated for recruitment against the post of Assistant Director of Tea Development, reveals that the same requires an incumbent in the cadre of Development Officer to have a degree from a recognized university along with 4 to 5 years experience of tea culture and manufacture in all its aspects. Mr. Nath contends that the petitioners, herein, having satisfied the eligibility criterias as spelt out in the said Rules of 1971, their cases for promotion to the cadre of Assistant Director of Tea Development were considered and accord