Promotion rights are contingent upon fair consideration and eligibility, not an indefeasible right; allegations of discrimination must be substantiated.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

All these three writ petitions being connected and the relief prayed for being similar, the same were heard analogously and are being disposed of by this common judgment and order.

2. Before going into the principal issue which is almost common to all the three writ petitions, it would be convenient to note the facts, in brief of all the three cases.

3. WP(C) 904 of 2017 has been instituted by one Bimal Konwar. It is contended that the petitioner was initially appointed as a Junior Scientific Officer in the Toxicology Division of the Directorate of Forensic Science, Assam on 09.12.1999 against a post reserved for ST(P). It is the case of the petitioner that as per the Assam Forensic Science Laboratory Service (Amendment) Rules, 2003, a Junior Scientific Officer is eligible for promotion to the next higher cadre of Scientific Officer on completion of three years of continuous service.

4. It is the case of the petitioner that he had rendered continuous service for three years in the cadre of Junior Scientific Officer as on 2002. However, in spite of being eligible and vacancies being available, the petitioner was not granted promotion at that time and was granted the promotion only on 12.04.2006 which is after a delay of more than three years from the date when he had attained the eligibility. It is also contended that an incumbent holding the post of Scientific Officer becomes eligible for promotion to the next higher cadre of Senior Scientific Officer on completion of five years which the petitioner had done on 12.04.2011. However, there was again delay and the promotion to the post of Senior Scientific Officer was done only on 26.03.2013. It is the case of the petitioner that vacancies were available as on the date when he had attained the eligibility. It is also contended that on the retirement of the earlier incumbent holding the post of Deputy Director, Toxicology Division, the petitioner was allowed to hold the charge of the said post on 03.03.2016 as the petitioner was the Senior Scientific Officer. It is the case of the petitioner that due to the delay in effecting his promotion at various stages, the petitioner had suffered grave prejudice.

5. It is also contended that the petitioner had submitted representations for giving retrospective effect to the promotion and also for invoking the provision for relaxation of the Rules. It is submitted that such relaxation was given to three incumbents, namely, Shri Samudra Baishya, Dr. Tilaka Das and Dr. Dhrubajyoti Hazarika by invoking Rule 28 of the Assam Forensic Science Laboratory Service Rules, 1985 (hereinafter the Rules, 1985). However, the said clause of relaxation has not been applied so far as the petitioner is concerned.

6. Coming to the second writ petition i.e. WP(C) 4502 of 2017, the petitioner is one Dr. Manalisha Choudhury whose grievance is more or less the same as that of the petitioner Bimal Konwar. It is submitted that the petitioner's case was not considered in spite of her eligibility and vacancies existing. It is contended that vide an advertisement dated 16.01.2017, two posts of Deputy Directors were sought to be filled up and one post was in the Serology Division in which the petitioner was working as a Scientific Officer. It was apprehended that by such action, the scope for promotion of the petitioner would be jeopardized.

7. So far, the petitioner Renu Borah in WP(C) 4584 of 2018 is concerned, the grievance and the relief prayed are more or less the same. It is stated that she was initially appointed as Senior Scientific Assistant on 19.03.1996 in the Serology Division of the Directorate of Forensic Science, Assam. She claims to have attained the eligibility for promotion to the post of Junior Scientific Officer in 1999 and was, however, granted such promotion only on 12.04.2006 after a delay of more than six years.

8. It is further the case of the petitioner that for the next promotion to the post of Scientific Officer wherein