Promotion eligibility governed by current administrative rules; previous qualifications irrelevant after absorption into new regulations.

JUDGMENT :

ANJAN MONI KALITA, J.

1. Heard Mr. M. Bhagabati, learned counsel appearing for the Petitioner and also heard Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department (P&RD).

2. The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner for ventilating his grievance that although he fulfilled the requisite criteria for promotion from Grade-IV to Grade-III post under the Panchayat and Rural Development Department (In short, ‘P&RD’), Government of Assam, the Petitioner has not been promoted, despite submission of several representations by him praying for his promotion, in violation of Rule 6 of the Assam Ministerial District Establishment Service Rules 1967 as well as Rule 10 (3) of the Assam Directorate Establishment (Ministerial) Service Rules, 1973 which provide for provisions relating to promotion of Grade-IV personnel to Grade-III posts.

3. The case of the Petitioner is that he is serving in Grade-IV post of Peon in the Office of Madhupur Anchalik Panchayat under Nalbari Zilla Parishad, Nalbari which comes under the P&RD Department, Government of Assam. The Petitioner was initially engaged as a Peon for three (3) months in District Rural Development Agency (In short ‘DRDA’), Nalbari by the Project Director on daily wage basis, vide an order dated 05.11.1992. However, his service was extended from time to time by different orders issued by the DRDA. The service of the Petitioner was regularized as a Peon (Grade-IV), vide order dated 23.03.1996 issued by the Project Director, DRDA, Nalbari. While the Petitioner was serving as a Peon, he passed the Bachelor of Preparatory Programme Examination (BPPE) which is equivalent to Higher Secondary or Class-XII Examination. In the year 2016, the Panchayat and Rural Development Department, Assam, Panjabari, Juripar had taken an initiative to promote fifteen (15) incumbents who were similarly situated with that of the Petitioner and promoted them to the posts of Gram Sevaks (RD) (Grade-III), vide office order dated 03.10.2016. However, the Petitioner was left out during the process of promotion.

4. The Petitioner being felt deprived of his legitimate right for being considered for promotion from Grade-IV to Grade-III, immediately submitted two (2) representations before the Commissioner, P&RD on 09.01.2017 & 09.02.2017 respectively, praying for promotion to any Grade-III post. However, his representations were not responded to by P&RD Department. The Petitioner submitted similar representations before the Commissioner, P&RD on several dates subsequently, i.e., on 25.01.2017, 04.02.2017, 09.02.2017, 14.02.2017, 17.02.2017, 23.02.2017 etc. The Petitioner, as such, submitted more than twenty five (25) representations, praying for his promotion from Grade-IV to Grade-III posts. However, his case was never considered by the respondent-Department, i.e., P&RD Department.

5. In the meantime, the Petitioner had also passed his B.A. Examination in the year, 2018 from Krishna Kanta Handique State Open University, Guwahati. After getting his graduation, the Petitioner further submitted two (2) more representations praying for his promotion from Grade-IV to Grade-III posts.

6. It is the case of the Petitioner that as per Rule 6 (6) (b) of Assam Ministerial District Establishment Service Rules 1967, a Grade-IV staff who has passed the Higher Secondary or equivalent examination and st has rendered at least 7 (seven) years of continuous service on the 1 day of the year is eligible for promotion to a Grade-III post. Similarly, as per Rule 10 (3) of the Assam Directorate Establishment (Ministerial) Service Rules 1973, a Grade-IV staff who has passed: (i) Higher Secondary or equivalent examination and has rendered not less than 5 (five) years; or (ii) the Matriculation or equivalent examination and has rendered not less than seven (7) years of st continuous service in the office on the 1 day of the year is eligible for promotion t