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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
Bimal Konwar, S/O Lt. Thaneswar Konwar Madasi – Appellant
Versus
State of Assam, Rep. By The Commissioner to The Govt. of Assam, Department of Home – Respondent
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
Promotion rights are contingent upon fair consideration and eligibility, not an indefeasible right; allegations of discrimination must be substantiated.
An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.
Notional service can be included in the calculation of eligibility for promotion, and administrative delays should not penalize an employee's right to promotion.
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
Under Rule 12 (1), there is a requirement for making an assessment of likely number of vacancies to be filled up by promotion in next year in each cadre and such assessment is required to be made bef....
Promotions must be based on seniority subject to fitness, not solely on merit or ACR grading, as per the applicable rules.
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