IMPORTANT POINT
Promotion from non-gazetted to gazetted posts requires statutory provisions; absence of such rules denies entitlement to promotion.

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. (Electrical) Degree from the Jorhat Engineering College. Thereafter, on 12.12.2008, she had submitted an application before the Commissioner & Special Secretary to the Govt. of Assam, PWD with a request to promote her to the post of Assistant Engineer. As the petitioner’s prayer and subsequent representations were not considered, the petitioner had approached this Court by filing W.P. (C) 4029/2012. By order dated 22.11.2012, the said writ petition was disposed of by directing the Commissioner & Secretary to the Govt. of Assam, P.W. (NH & Building) Department to consider the grant of stagnation benefit to the petitioner w.e.f. the date of completion of 10 (ten) years of service in the post of Electrician, if found entitled to. By order dated 05.10.2013, passed by the Executive Engineer, PWD, Jorhat Electrical Division, the service of the petitioner as Electrician was regularized in the vacant post which she was holding since 01.09.1996.

4. On 25.10.2013, the petitioner had submitted a representation for upgradation to a rank that suits her qualification if there is any vacant post, which was followed by representation dated 30.01.2014 and 21.03.2014 to the Commissioner & Special Secretary to the Govt. of Assam, PWD (Building & NH).

5. As nothing happened, the petitioner had again approached this Court and by filing W.P. (C) 5252/2015, she had prayed for a direction to the respondents to promote her to the post of Junior Engineer. This Court by order dated 05.08.2019, disposed of the said writ petition by directing the respondent department to consider the case of the petitioner and take necessary action subject to prevailing law to promote the petitioner to the post of Jr. Engineer and to that effect, to examine all the cogent reasons to be urged by the petitioner before the competent authority by way of her representation and to dispose of the representation to be made by the petitioner before the concerned authority of the department, if possible within 3 (three) months from the date of the order by a speaking order. Accordingly, the said writ petition was disposed of.

6. The petitioner had served copy of the said order dated 05.08.2019, passed by this Court in WP (C) 5252/2015. However, the Deputy Security to the Govt. of Assam, PWD (Bldg. & NH), Estt. Branch requested the petitioner to submit a petition before the competent authority urging the cogent reason for disposing of her representation seeking promotion to the post of Junior Engineer (Electrical). The aggrieved petitioner had again approached this Court by filing W.P. (C) 1868/2020 and this Court by order dated 11.03.2020, disposed of the said writ petition by directing that the petitioner will have to first file a representation in term of order dated 05.08.2019 and thereafter, the competent autho