Back
KALYAN RAI SURANA
Anita Saikia W/o Shri Pinku Moni Saikia – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
1. Heard Mr. P.K. Roy Choudhury, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned standing counsel for the PWD representing all the respondents.
2. In brief, the case of the petitioner is that she had obtained Diploma in Electrical Engineering in the year 1991 from Nagaon Polytechnic. She claims to have been regularly appointed as Electrician under Electrical Section-IV under PWD Jorhat Electrical Sub-Division vide order dated 01.04.1996 issued by the Executive Engineer, PWD, Jorhat Electrical Division for a period of 3 (three) months and posted in the office of the Assistant Executive Engineer, PWD Electrical Sub-Division, Jorhat. It is also projected that by order dated 09.07.1996, issued by the Executive Engineer, PWD, Jorhat Electrical Division, the service of the petitioner was continued till further orders purportedly in terms of order passed by this Court in CR No. 3034/1996.
3. Her further case is that after obtaining study leave, which was sanctioned vide notification dated 15.02.2005 by the Deputy Secretary to the Govt. of Assam, PWD (Estt.B) Branch, which was extended on 08.11.2007, the petitioner had obtained B.E. (Electr
Promotion from non-gazetted to gazetted posts requires statutory provisions; absence of such rules denies entitlement to promotion.
Promotion eligibility governed by current administrative rules; previous qualifications irrelevant after absorption into new regulations.
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
