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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Aseb Audit And Accounts Service Association – Appellant
Versus
Assam Power Distribution Co. Ltd. – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. T. Kashyap, learned counsel, appearing on behalf of the petitioner Association. Also heard Mr. N. Deka, learned standing counsel, Assam Power Distribution Company Limited, appearing on behalf of all the respondents.
2. The challenge, in the present proceeding, is to the vires of the provisions of Rules 7(d) to (h); 10(ii) to (vi); and 11(I)(B) to (F); of the Assam Power Distribution Company Limited Finance & Accounts Service Rules, 2012. The petitioner Association has also presented a challenge to an advertisement, dated 10.05.2018, issued for recruitment against vacant posts in the cadre of Deputy General Manager (F&A) and Assistant General Manager(F&A).
3. The provisions of Rule 3 of the Assam Power Distribution Company Limited Finance & Accounts Service Rules, 2012, provides for the cadres constituting the service. In terms of the provisions of Rule 3 thereof; the entry cadre is the cadre of Assistant Accounts Officer and the highest cadre is that of the cadre of Chief General Manager(F&A)/Chief General Manager(Audit).
4.
Merely reducing chances of promotion does not infringe the right to be considered for promotion, which is not a condition of service under Articles 14 and 16 of the Constitution.
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....
Promotion rules of a public service entity do not require graduation for advancement when the governing rules do not explicitly mandate such qualifications, emphasizing merit and seniority.
Promotion eligibility governed by current administrative rules; previous qualifications irrelevant after absorption into new regulations.
The court affirmed that while the right to be considered for promotion exists, employees do not possess a vested right to promotion. Changes to recruitment policies are lawful and not arbitrary.
Court cannot interfere with the operation of the existing channel (s) of recruitment to the post of AGM.
Promotion is not an absolute right; it depends on service rules and seniority-cum-merit assessment, as upheld under the Tamil Nadu Cooperative Societies Act and Articles 14 and 16, ensuring service c....
Rule 22(3) of the Assam Engineering (Public Works Department) Service Rules, 1978 prioritizes promotees over direct recruits for seniority based on vacancy year, complying with Articles 14 and 16 of ....
The amendment affecting chances of promotion for employees does not necessarily constitute a change in the conditions of service, and the State has the power to unilaterally amend service rules.
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