Eligibility for promotion of employees holding personal ex-cadre posts must be considered for encadrement to cadre posts.

ORDER

28.05.2025 Heard Mr. B D Das, learned Senior Counsel assisted by Mr. J Lotha, learned counsel for the petitioners. Also heard Ms. M D Bora, learned Standing Counsel, Transport Department appearing for respondent Nos. 1, 2, 3 & 4 and Mr. A Chaliha, learned Standing Counsel, Finance Department appearing for respondent No. 5. Having regard to the nature of grievance projected by the petitioners, the writ petition is taken up for disposal with the consent of the parties.

[2.] This is the second time the petitioners are before this Court. The earlier writ petition being WP(C) No. 550/2023 & 1389/2023 was disposed of by this Court with an observation that the case of the petitioners be considered for promotion to the rank of Sub-Section Assistant in accordance with law. Be it stated herein that the petitioners have been initially appointed as Work-Charged Khalashi and were, later on, regularized in service in the year 2004. The regularization of the two petitioners is in a personal post. However, after the disposal of their earlier writ petitions, their claim for promotion was rejected on the ground that they were holding personal post, which was an ex-cadre post and therefore, they were not eligible to be promoted to higher post. Reliance to the case of Dilip Talukdar & Ors. Vs. State of Assam & Ors., reported in (2017) 3 GHL 376 was made by the respondent authorities.

[3.] Mr. B D Das, learned Senior Counsel submits that similarly situated persons under the establishment of Director, Inland Water Transport had been given the benefit of promotion although working in personal post. Likewise, even in the Public Health Engineering Department, a number of similarly situated persons working in personal post have also been promoted in the year 2002 after obtaining the concurrence from Finance Department. He submits that the petitioners have also submitted their representation on 09.02.2024 for encaderment of their service to a Grade-IV cadre post but the same has not been considered till date. As such, the petitioners are again before this Court.

[4.] The learned Senior Counsel further submits that similarly situated persons, being aggrieved with the rejection of their candidature and promotion to the next higher post on the ground of holding ex-cadre post, had approached the Division Bench of this Court through W.A No. 5/2024 (Nibon Chandra Das & 27 Ors. Vs. State of Assam & 8 Ors.). The writ appeal was disposed of vide Order dated 14.05.2025 with an observation that the dismissal of the writ petition filed by the writ appellants would not be a bar for considering their application/representation for encadrement of the post which they are holding so as to get the benefit of promotion.

[5.] The learned Senior Counsel submits that in Dilip Talukdar & Ors. (supra) what was being considered was promotion to the higher post by an employee holding ex-cadre post. However, in the present case, the petitioners are seeking their encadrement to the cadre post so as to get the benefit of further promotion to the post of Section Assistant under the Transport Department. He, therefore, submits that the respondents may be directed to consider the petitioners for encadrement so that they can be promoted to the next higher post.

[6.] It is seen that although the petitioners had submitted their representation for encadrement of their service as a Grade-IV cadre post, but the same has not been considered. The rejection of the prayer of the petitioners as can be seen from the meeting minutes of the DPC dated 19.11.2024 annexed as Annexure-I to the affidavit-in-opposition of the respondent No. 3 goes to show that such rejection was on the basis of the decision made in Dilip Talukdar & Ors. (supra). The issue in that case was regarding rejection of the claim for promotion on ground of not being in a cadre post unlike the present claim that they should be encadred to a cadre post.

[7.] The above being the position and keeping in mind what has been observed in