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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N.UNNI KRISHNAN NAIR
Tafika Manowara Rahman W/o Mainul Haque – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. R. Goswami, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned standing counsel, Irrigation Department, Assam appearing for the respondent Nos. 1 to 5 and Mr. S.M. Baruah, learned counsel representing respondent No. 7.
2. The petitioner by way of instituting the present writ petition has prayed for a direction upon the respondent authorities to promote her to the post of Senior Assistant with retrospective effect, i.e. w.e.f. the date of the promotion of respondent Nos. 6 & 7 with consequential benefits.
3. The petitioner, herein, was initially appointed on ad-hoc basis as Lower Division Assistant (LDA) in the establishment of the Executive Engineer, Dhansiri Project Division (Irrigation), Udalguri (respondent No. 5) against a leave vacancy. The application of the petitioner for appointment on compassionate ground, in pursuance to the death of her father, who was working as a Head Assistant in the establishment of the respondent No. 5, was approved by the Government in the Irrigation Department and the same was communicated to the respondent No. 5 vide communication dated 02-04-1996. Accordingly, the respondent No.
The court determined that a petitioner cannot claim seniority or promote based on service from a distinct establishment due to separate seniority rules.
Functioning of Government in a State is Governed by Article 166 of Constitution, which lays down that there shall be a Council of ministers with Chief Minister at head, to aid and advise Governor in ....
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Point of Law : In case of a notional promotion from retrospective date, it cannot entitle the employee to arrears of salary as the incumbent has not worked in the promotional post.
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.
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