IMPORTANT POINT
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.

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. The various cadres forming the Finance & Accounts Service in the respondent Assam Power Distribution Company Limited, is, as under:

“ (i) Assistant Accounts Officer

(ii) Deputy Accounts Officer

(iii) Accounts Officer

(iv) Assistant Manager (F & A)

(v) Assistant General Manager (F &

(vi) Deputy General Manager (F (vii) General Manager (F & A) ?

(viii) Chief General Manager (F & A) /Chief General Manager(Audit)”

5. Rule 7 of the Assam Power Distribution Company Limited Finance & Accounts Service Rules, 2012, provides for the manner for recruitment to the various cadres of the service. While the posts forming the cadre of Assistant Accounts Officer is to be filled up by way of direct recruitment, the next higher cadre of Deputy Accounts Officer is mandated to be so filled up by way of promotion from amongst the incumbents in the cadre of Accounts Officer. The next higher cadre of Accounts Officer is also mandated to be so filled up by way of promotion from the incumbents in the cadre of Deputy Accounts Officer. The further higher cadre of Assistant Manager(F&A) is mandated to be so filled up by way of promotion from the incumbents in the cadre of Accounts Officer. The Rules, thereafter, provides that the cadre of Assistant General Manager(F&A) would be so filled up by way of direct recruitment to the extent of 33.33% of the posts forming the cadre and the remaining 66.66% of the posts to be so filled up by way of promotion from the incumbents in the cadre of Assistant Manager(F&A). Similarly, the cadre of Deputy General Manager(F&A) is also mandated to be so filled up by way of direct recruitment to the extent of 33.33.% of the posts forming the cadre and the remaining 66.66% of the posts by way of promotion from the cadre of Assistant General Manager(F&A). The cadre of General Manager(F&A) is mandated to be so filled up, either, by way of direct recruitment, or, by way of promotion from the cadre of Deputy General Manager(F&A). Further, the cadre of Chief General Manager(F&A)/Chief General Manager(Audit) is also mandated by the provisions of Rule 7 to be so filled up, either, by way of direct recruitment, or, by way of promotion from the cadre of Assistant General Manager(F&A).

6. While there is a qualification prescribed for recruitment to the post of Assistant Accounts Officer, there is no prescription of qualification required to be possessed by an in-service candidate for promotion to the next higher cadres of the service upto the cadre of Chief General Manager(F&A)/ Chief General Manager(Audit). However, the provisions of Rule 11 of the Assam Power Distribution Company Limited Finance & Accounts Service Rules, 2012, prescribes separate qualificatio