The right to be considered for promotion is a fundamental right, affirming equality of opportunity, while promotion itself is not guaranteed.

DJUDGMENT :

KARDAK ETE, J.

1.Heard Mr. NJ Daimari, learned counsel for the petitioner. Also heard Ms. MD Bora, learned Standing Counsel, Cooperation Department for all the respondents.

2. By filing this writ petition, the petitioner has prayed for a direction to consider for promotion to the post of Lower Division Assistant (LDA) in the Office of the Registrar of Cooperative Societies, Kamrup (M), Department of Cooperation, Govt. of Assam.

3. The case of the petitioner, in brief is that she was appointed as Peon vide order dated 25.02.2014 in the Office of the Registrar of Cooperative Societies, Kamrup (M) and is presently serving in the said capacity at Khanapara, Assam. The petitioner contends that she is eligible and having all requisite qualifications as well as experiences for promotion to the next higher post of LDA. However, despite the existing clear vacancy, the respondent authorities have not initiated any action to consider for promotion to the post of LDA.

4. As per the final Gradation List dated 28th of February, 2025 of Peon / MTS of the Department in the Office of the Registrar of Cooperative Societies, Assam, the name of the petitioner appears at Sl. No. 20. Although, she is placed at Sl. No. 20, as per the Recruitment Rules, she having the degree of B.A. and one Babli Bey at Sl. No. 18, the petitioner and the said Babli Bey are entitled to the promotion to the next higher post of LDA as there exists two clear vacancies in the Department as the persons, who are at Sl. Nos. 1 to 17 and 19 did not possess the educational qualification in terms of the Recruitment Rules.

5. Mr. Daimari, learned counsel for the petitioner submits that as per the Assam Directorate Establishment (Ministerial) Service Rules, 1973 as Amended in the year 2016 (in short, Rules of 1973) as regards the promotion from the post of Grade IV to LDA selection on the basis of suitability who possess the Bachelors degree and also such other qualification as laid down in Rule 12 who have rendered not less than 7 years of continuous service in Grade IV. He submits that initially, when this writ petition was moved, the petitioner was admittedly, not eligible as she did not complete 7 years of continuous service in the Grade IV. However, by efflux of time, the petitioner has completed the 7 years of continues service. Therefore, he submits that the respondent authorities may be directed to consider the case of the petitioner for promotion to the post of LDA in terms of the said Rules of 1973.

6. Ms. Bora, learned Standing Counsel, Cooperation Department fairly submits that although the petitioner was initially not eligible as she has not completed 7 years of continuous service in the same Office as per the applicable Rules, though she had other qualification and experiences, by now she appears to have been completed 7 years of continuous service in the same Office. Therefore, a direction may be issued to the respondent authorities to consider the case of the petitioner for promotion to the next higher post of LDA strictly in accordance with the Rules of 1973 along with all other eligible candidates as there exists clear vacancies in the grade of LDA.

7. Considered the submissions of the learned counsel for the parties and have perused the materials available on record.

8. The petitioner was appointed as Peon and has been serving since the year 2014. She appears to have been transferred to other establishment of the same Department in the year 2017 on mutual consent which takes away the seniority position of the petitioner. As admitted by the learned counsel for the parties, the petitioner has completed 7 years of continuous service