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2014 DIGILAW 291 (GAU)

Mukunda Kumar Roy v. State of Assam

2014-03-11

HRISHIKESH ROY

body2014
JUDGMENT AND ORDER (ORAL) Heard Mr. G. Uzir, the learned counsel appearing for the petitioners. The respondents are represented by Mr. KN Choudhury, the learned Addl. Advocate General, Assam. 2. The petitioners herein are working as Receptionists under the Directorate of Tourism, Assam. They are former militants and under rehabilitation scheme of the Government, they were appointed in Govt. jobs. But since the post of Receptionist is not en-cadred in the Assam Tourism Service Rules, 1992 (hereinafter referred to as the Service Rules), the petitioners are serving since last 20 years without the benefit of promotion. 3. Representing the petitioners, Mr. G. Uzir, the learned counsel submits that the post of Receptionist should be en-cadred under the Service Rules to enable them to get promotion to the post of Assistant Tourist Information Officer (hereinafter referred to as the ATIO) and at least 50% of the post in the higher cadre should be earmarked for promotion from the en-cadred Receptionists. This justification for the petitioners’ prayer is the long service rendered by them without the benefit of promotion. 4. Representing the State authorities, the learned Addl. Advocate General Mr. KN Choudhury however submits that in pursuant to the court’s direction given in this case, the Government examined whether the Receptionists can be considered for promotion to the cadre of ATIOs. But after due deliberation, the Government decided against en-cadrement of the Receptionist to be in the feeder cadre for promotion to ATIOs. The decision of the Government is based on the job profile of the ATIO and the educational qualification of the post i.e. graduate or a diploma in Tourism and Travel Management or diploma in Hotel Management. But the State proposed to designate the Receptionists as Jr. Assistants since both Receptionists and Jr. Assistants enjoy the same pay scale and similar grade pay and the Jr. Assistants have the opportunities of promotion as they are en-cadred under the Service Rules. 5. On the grievance of the petitioners of being made to stagnate in the same post since 1994, it appears that they were granted one financial benefits under the Assured Career Progression, (hereinafter referred to as the ACP) Scheme. But on their claim for promotion to the cadre of ATIOs, it is noticed that none of the petitioners serving as Receptionists possess diploma in Hotel Management or Tourism Management. A few of them are even non-graduates. But on their claim for promotion to the cadre of ATIOs, it is noticed that none of the petitioners serving as Receptionists possess diploma in Hotel Management or Tourism Management. A few of them are even non-graduates. In such backdrop the Govt.’s decision to deny all Receptionists the opportunity of promotion as ATIOs may not be irrational since without possessing qualification for the post, they might turn out to be misfits in the job as ATIOs. 6. But in so far as those Receptionists, who are graduates, the qualification may not be an issue for considering their candidature for direct recruitment to the post of ATIOs. But since age bar is prescribed for recruitment, even the otherwise educationally qualified Receptionist may be rejected for having crossed the upper age limit. 7. On the Government’s offer to accommodate the Receptionists as Jr. Assistants, advocate Mr. G. Uzir submits that few of his clients may not be interested to be designated as Jr. Assistants and they would rather prefer to continue as Receptionists even if they are denied promotional benefits. 8. The petitioners herein were recruited long back under a rehabilitation scheme for former militants. But it must also be borne in mind that unless a person has the qualification and aptitude for the specialized duties of the ATIO, he/she can’t have any right for being considered for the post of ATIOs. Merely, to ensure career progress of the Receptionists, the necessity of having qualified ATIOs cannot be overlooked as this will be against public interest. 9. Proceeding on the above basis, since the Receptionists by virtue of long service may have gathered the skill to discharge the duties in the tourism deptt., those amongst them, who possess the educational qualification for the post of ATIOs, may be considered for recruitment to the post of ATIOs. But such appointment cannot be claimed as a matter of right but is subject to recruitment process and competition on merit with other applicants, including those from the open market. Therefore, when the State undertakes a recruitment exercise for the post of ATIOs, the serving Receptionists possessing educational qualification may offer their candidature and the State may consider them on merit by granting them age relaxation, having regard to their long service in the department. It is ordered accordingly. 10. In so far as the Receptionists being designated as Jr. Therefore, when the State undertakes a recruitment exercise for the post of ATIOs, the serving Receptionists possessing educational qualification may offer their candidature and the State may consider them on merit by granting them age relaxation, having regard to their long service in the department. It is ordered accordingly. 10. In so far as the Receptionists being designated as Jr. Assistants, since reservation is expressed by the learned counsel for few of the petitioners, the State should designate only the willing Receptionists as Jr. Assistants. Consequently, those Receptionists, who do not opt to be Jr. Assistants, will forego the right of being considered for promotion since they voluntarily opt to remain as Receptionists, by refusing to be en-cadred as Jr. Assistants under the Service Rules. 11. In view of the above decision, the process of amendment of the Service Rules for designation/en-cadrement of the willing Receptionists through amendment of the Service should be carried out expeditiously and preferably within 6 months from today. The next ACP benefit when due should be disbursed to all eligible Receptionists. 12. Consequently, all the interim orders merges with this final order and the case is disposed of in above terms, without any order on costs.