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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Neelam Saikia, D/o. Pitambar Saikia – Appellant
Versus
State of Assam, Represented by the Secretary to the Government of Assam, Information and Public Relations, P & S Department – Respondent
JUDGMENT :
(Ashutosh Kumar, C.J.)
We have heard Mr. M.K. Choudhury, learned Senior Advocate assisted by Mr. A. Phukan, learned Advocate for the appellant; and Mr. K.N. Choudhury, learned Senior Advocate assisted by Mr. A. Das, Advocate; Mr. T.J. Mahanta, learned Senior Advocate assisted by Ms. P. Sarma, learned Advocate for the respondents.
2. The challenge in the present appeal is to the judgment dated 21.11.2024, passed by a learned Single Judge of this Court in WP(C) 4538/2023, whereby the appellant’s contention that the respondent No. 7 was wrongly promoted to the post of Junior Information Officer and that the appellant should, instead, have been promoted, has been rejected and the decision of promoting the respondent No.7 to the post of Junior Information Officer has been upheld.
3. The appellant is a Librarian in the Directorate of Information and Public Relations and Printing and Press Department, Government of Assam, on which post she was appointed on 08.03.2019, and since then she is continuing on that post.
4. According to Assam Information and Public Relations Service Rules , 1986, (hereinafter referred as “1986 Rules”) for promotion to the post of Junior Information Offic
Promotion eligibility may extend to non-listed roles if administrative practices support their equivalency with listed feeder posts, which emphasizes flexibility in interpretation of service rules.
The court upheld the promotion of a Translator to Junior Information Officer, affirming the inclusion of the post as a feeder post under the Assam Information and Public Relations Service Rules, 1986....
The importance of the position in the Select List for promotion and the prospective application of statutes.
AMENDMENT TO RULE 14(V) OF THE RAJASTHAN DISTRICT COURTS MINISTERIAL ESTABLISHMENT RULES, 1986, DOES NOT EXCLUDE STENOGRAPHER GRADE-I AND PERSONAL ASSISTANT CUM EXECUTIVE ASSISTANT FROM THE ZONE OF C....
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
The main legal point established in the judgment is that an employee cannot compel the employer to grant promotion if the Government's decision is supported by valid reasons and is not arbitrary.
Administrative instructions cannot amend statutory rules; existing rules must govern promotions in the Railways.
Rule 14(v) of Rules of 1986, pre-amendment and post amendment, reads as Promotion.
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