The court emphasized that promotions must adhere to principles of natural justice and proper application of seniority rules, invalidating the Tribunal's decision due to lack of notice to affected parties.

JUDGMENT :

SUMAN SHYAM, J.

Heard Mr. S.K. Goswami, learned counsel appearing for the writ petitioners. Also heard Mr. P. Nayak, learned standing counsel, PWD appearing for the respondent Nos. 1 to 3 and Mr. M.P. Sarma, learned counsel representing the private respondent Nos. 4 to 7.

2. The judgment and order dated 31-03-2012 passed by the learned Assam Administrative Tribunal (AAT) in Case No. 22ATA/2011 allowing the appeal preferred by the private respondents as appellants granting their prayer to treat the promotions as Assistant Engineer (Civil) from a prior date i.e. prior to appointment of the direct recruits/the writ petitioners, has been put under challenge in the present writ petition.

3. The facts of the case, in a nutshell, are that on 01-09-2001, the Assam Public Service Commission (hereinafter referred to as the APSC) had issued an advertisement notice inviting applications for filling up 187 vacant posts of Assistant Engineer (Civil) under the PWD. The writ petitioners herein, having the requisite qualification to apply for the aforesaid posts, had submitted their applications. On conclusion of the selection process the APSC had recommended appointment of the petitioners pursuant whereto, by the order of appointment dated 23-06-2003 issued in respect of the respective writ petitioners, they were appointed as AE(C) in the PWD. Accordingly, petitioners had joined in their respective posts and since then, have been serving under the PWD.

4. At the relevant point of time, the private respondent Nos. 4 to 7 were working as Junior Engineers (JE) under the PWD. In order to be promoted/ appointed to the rank of Assistant Engineer a Bachelors degree in Engineering (BE) is a must under the rules. Since the private respondents did not possess a Bachelors degree in Engineering, hence, their cases could not be considered for promotion to the post of AE(C). However, realizing the said situation, private respondents had sought permission from the departmental authorities to appear/ acquire the higher qualification and eventually, all four of them had acquired Bachelors Degree in Engineering (BE) in the year 2003. Thereafter, in a meeting of the Departmental Promotion Committee (DPC) held on 26-12-2023, the candidature of the four private respondents were considered for promotion to the post of AE(C) and they were recommended for promotion. Based on the said recommendation of the DPC, by notification dated 03-01-2004 all the four private respondents were promoted to the rank of AE(C) under the PWD.

5. It appears that a gradation list of AE(C) was prepared by the department wherein, the names of the private respondents were placed below the writ petitioners, i.e. the direct recruits. Aggrieved thereby the private respondent Nos. 4 to 7 as appellants had approached the learned AAT by filing Case No. 22AAT/2011. What would be noteworthy herein is that although the appellants/ respondent Nos. 4 to 7 had for all practical purpose sought seniority over the direct recruits in the cadre of AE(C), yet, none of the present petitioners were made parties in the said proceeding. Notwithstanding the same, after hearing the submission of the appellants’ counsel, the learned Tribunal had allowed their plea by the impugned judgment and order dated 31-03-2012. The operative part of the judgment dated 31-03-2012 is reproduced here-in-below for ready reference:-

“The conclusions reached by us with regard to the effect to be given to the promotion to the appellants to be cadre of Assistant Engineer (Civil) and having held that their such promotion be deemed to have been so effected during the year 2003, the seniority of the appellant in the cadre of Assistant Engineer (Civil) is now required to be fixed by the respondents in accordance with the provisions of Rule 22(3) of the Assam Engineering (Public Works Department) Service Rules, 1978. Necessary exercise in this connection shall be carried out and the required notifications be issued re-fixing the seni