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KAUSHIK GOSWAMI
Sumit Paul S/o- K. C. Paul – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. A. Phukan, learned counsel for the petitioners. Also heard Mr. C.K.S. Baruah, learned Government Advocate, Assam appearing for the respondent Nos.1-5; Mr. T.J. Mahanta, learned Sr. Counsel assisted by Mr. P. Sarma, learned counsel for the respondent No.6; Mr. K.N. Choudhury, learned Sr. Counsel assisted by Mr. A. Das, learned counsel for the respondent No.7; Mr. M.K. Sharma, learned counsel for the respondent No.8 as well as Mr. S. Borthakur, learned counsel appearing for the respondent Nos.9, 10 & 11.
2. By way of this petition filed under Article 226 of the Constitution of India, the petitioner is assailing the alleged arbitrary and illegal action of the respondent authorities in not promoting the petitioners to the post of Junior Information Officer (Class-III) in the Directorate of Information and Public Relations and Printing and Press Department and instead promoting the respondent No.7.
3. The case of the petitioners is that the petitioners are working as Librarians in the Directorate of Information and Public Relations and Printing and Press Department, Government of Assam in the State of Assam. Pursuant to an Advertisement dated 30.10.2018, the petitioner
The court upheld the promotion of a Translator to Junior Information Officer, affirming the inclusion of the post as a feeder post under the Assam Information and Public Relations Service Rules, 1986....
Promotion eligibility may extend to non-listed roles if administrative practices support their equivalency with listed feeder posts, which emphasizes flexibility in interpretation of service rules.
AMENDMENT TO RULE 14(V) OF THE RAJASTHAN DISTRICT COURTS MINISTERIAL ESTABLISHMENT RULES, 1986, DOES NOT EXCLUDE STENOGRAPHER GRADE-I AND PERSONAL ASSISTANT CUM EXECUTIVE ASSISTANT FROM THE ZONE OF C....
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....
Rule 14(v) of Rules of 1986, pre-amendment and post amendment, reads as Promotion.
The court held that promotions must comply with the established All India seniority instead of regional seniority, ruling unjust promotions based on outdated practices must be corrected.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
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