Promotion under Career Advancement Scheme cannot be granted retrospectively after retirement, as established by the principles of effective promotion upon assumption of duties.

JUDGMENT AND ORDER :

MICHAEL ZOTHANKHUMA, J.

Heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. R. M.Deka, learned counsel for the petitioner and Mr. S. Das, learned Standing Counsel, Higher Education Department. Also heard Mr. D. Bhattacharjee, learned counsel for the office of the Accountant General in WP(C) Nos. 5804/2022 and 295/2023 and Mr. R. K. Talukdar, learned counsel for the office of the Accountant General in WP(C) No. 2789/2024.

2. The petitioner has prayed for setting aside the impugned statement made in para 3 of the additional affidavit filed by the Secretary to the Government of Assam, Higher (Technical) Education Department on 10.04.2024 in WP(C) 5804/2022, which is to the effect that due to withdrawal of the OM dated 28.03.2022, the promotion of the petitioner to the post of Professor, vide notification dated 05.04.2022, ceased to have any effect. The petitioner has also prayed for setting aside the OM dated 19.05.2023, by which the earlier OM dated 28.03.2022, has been withdrawn by the State respondents.

3. The impugned paragraph 3 of the additional affidavit filed by the Secretary to the Government of Assam, Higher (Technical) Education Department in WP(C) 5804/2022 is reproduced herein below as follows:-

“3. That the Deponent begs to state that consequence upon withdrawal of the O.M dated 28/03/2022, the Notification No. ATE.06/2022/32 dated 05/04/2022 has also ceased to have any effect and as such the case of the Petitioner cannot be considered in respect of the said O.M. No.ATE.06/2022/27 dated 28/03/2022.”

4. The petitioner’s case is that he was initially working as an Associate Professor in Jorhat Engineering College and at the relevant point of time, he was working as Principal (in-charge) in Golaghat Engineering College. In terms of the relevant Rules, an Associate Professor is to retire at the age of 60 years and the petitioner’s retirement date was 31.03.2022. However, in terms of the OM dated 29.07.2021, issued by the Government of Assam, Higher (Technical) Education Department, the superannuation age of a Professor, who has been promoted through Career Advancement Schemes (CAS), had been raised from 60 years to 65 years.

5. The petitioner’s counsel submits that the Departmental Promotion Committee had considered the petitioner for promotion from the post of Associate Professor to Professor under CAS, one day before the retirement date of the petitioner, i.e., 30.03.2022. The petitioner was thereafter released from service as Associate Professor on 31.03.2022. However, the petitioner was subsequently promoted to the post of Professor, vide order dated 05.04.2022, w.e.f., 17.05.2018, pursuant to the O.M dated 28.03.2022, which had partially modified the O.M dated 17.01.2018.

6. The OM dated 28.03.2022 adopting the AICTE public notice, extended the date for completion of short term training programs, orientation, refreshers course, for promotion of faculty members of engineering college and polytechnics under Career Advancement Schemes, from 07.11.2015 to 31.12.2018. The O.M dated 28.03.2022 states as follows:-

“No.ATF 68/2013/27

Dated Dispur, the 28th March, 2022

OFFICE MEMORANDUM

Adoption of AICTE Public Notice regarding requirement/Extension of date for completing Short Term Training Programs Orientation Refreshers Course for promotion of Faculty members of Engineering College and Polytechnics under Career Advancement Schemes.

Partial modification and addition of OM No. ATE-68/2013/780 dated 17/01/2018, regarding Career Advancement Scheme (CAS) for teachers eligible for promotion under CAS for the period 01/01/2006 to 7th November 2015 shall be extended upto 31/12/2018 for participation/completion in Orientation/ Refresher Courses/ Short Term Training Programmes/ Continuous Education Programmes for promotion under CAS upto 31/12/2018 with respect to 6th CPC for faculty members/ Librarians/ PTIs in Degree/ Diploma Level Institutions as per Public Notice by UGC vide Public Notice 2-16/2002(PS)/P