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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Kardak Ete
Rukmini Roy, W/o Sri Alokesh Ch. Roy – Appellant
Versus
State of Assam Represented By The Commissioner And Secretary To The Govt. of Assam, Irrigation Department – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Heard Mr. MJ Baruah, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned standing counsel, Irrigation Department, for respondent Nos.1, 2 & 3. None appeared for the respondent No.4, despite notice is effected.
2. By filing this petition, the petitioner has put to challenge the order dated 21.10.2020, issued by the Executive Engineer, Irrigation Department, Dhubri Division, Gauripur, Assam by which the respondent No.4, namely, Sri Dipak Kalita along with another person have been promoted to the post of Senior Assistant. The petitioner has also prayed for direction to the respondent authorities to consider the petitioner for promotion to the post of Senior Assistant.
3. Briefly put, the case of the petitioner is that she was appointed as a Muster Roll Worker on 17.11.1986 and thereafter her service was regularized on 06.10.2005, as Helper along with some other persons, as per the policy decision of the State, taken in the year 1983. The petitioner was promoted to the post of Lower Division Assistant (now re-designated as ‘Junior Assistant’) cum Typist w.e.f. 01.01.2008, a Grade-III post, after due process of selection along with two oth
The court ruled that despite the lack of formal regularization, practical circumstances warrant consideration for promotion based on long service and the failure of authorities to follow proper proce....
Promotion eligibility under service rules must be adhered to, but challenges may be dismissed if the respondent has retired or is nearing retirement.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Promotions under the Assam Engineering (Irrigation Department) Service Rules take effect from the date granted, not from the date of vacancy, and no retrospective promotion is allowed post-retirement....
Regularization - Promotion from a person holding an ex-cadre post was not legally tenable - When regularization order itself stipulates that they are regularized in posts personal to them. Such tempo....
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Promotion eligibility must be determined based on established Service Rules, irrespective of current posting.
The importance of the position in the Select List for promotion and the prospective application of statutes.
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