DHIREN BHARALI. S/O SRI DHANA BHARALI v. STATE OF ASSAM
2017-05-15
HRISHIKESH ROY
body2017
DigiLaw.ai
JUDGEMENT AND ORDER : 1. Heard Mr. C. Goswami, learned counsel appearing for the two petitioners in the WP(C) No.279/2015. Ms. M. Bhattacharjee, the learned Govt. Advocate appears for the State respondents. None is present to represent the petitioner in the WP(C) No.4039/2014. In this case, the private respondent Nos.4-19 are represented by Ms. P. Bhattacharjee, the learned counsel and the private respondent Nos.20-27 are represented by Mr. A. Chetri, the learned counsel. 2. The petitioners in these two cases are serving as Junior Engineers in the Panchayat & Rural Development Department (in short ‘the P&RD Department’). By virtue of acquiring the academic qualification prescribed for direct recruitment of Assistant Engineers, they are in expectation of promotion to the cadre of Assistant Engineer. The private respondent Nos.4-19, in the WP(C) No.4039/2014, were appointed on 28.3.2012, as direct recruit Assistant Engineers and the serving Junior Engineers, while claiming promotion, have impleaded the direct recruitees. 3. Earlier promotion of the Junior Engineers in the P&RD Department was made under the Assam Engineering (PWD) Service Rules, 1978 (hereinafter referred to as ‘the PWD Rules’) but now, the Government on 30.1.2016, has notified the Assam Panchayat and Rural Development Officers (Technical) Service Rules, 2015 (hereinafter referred to as ‘the Panchayat Officers Rules’) for regulating the service conditions in the P&RD Department. The Sub-Rule (c) of Rule 11(4) of the Panchayat Officers Rules prescribes as follows: “ ………………………………. Rule 11(4)(c) : notwithstanding anything contained herein before in this rule, subject to suitability, a Junior Engineer of the Assam Panchayat and Rural Development Officers (Technical) Service, on his acquiring the academic qualification, as prescribed for a direct recruit Assistant Engineer, shall be promoted as Assistant Engineer, in consultation with the Commission, as provided in rule 12 against the next available vacancy in the cadre and such promotion shall be treated as direct recruitment to the cadre of Assistant Engineer for the purpose of these rules. ……………………………….” 4. The above Rules provides for promotion of the Junior Engineers, who acquire the academic qualification during their service career for appointment as Assistant Engineer. In such circumstances, the claim for promotion made by the serving Junior Engineers is on the expected lines and the same is required to be considered in accordance with the applicable norms. 5.
……………………………….” 4. The above Rules provides for promotion of the Junior Engineers, who acquire the academic qualification during their service career for appointment as Assistant Engineer. In such circumstances, the claim for promotion made by the serving Junior Engineers is on the expected lines and the same is required to be considered in accordance with the applicable norms. 5. Hence direction is issued to the State authorities to examine the petitioners’ claim for promotion to the cadre of Assistant Engineer, under Rule 11(4)(c) of the Panchayat Officers Rules. The authorities will verify whether the petitioners have acquired the requisite qualification from competent institution(s). The exercise in this regard is ordered to be completed expeditiously and preferably within a period of six months from today. It is ordered accordingly. However this order should not disturb the private respondents, who were directly recruited as Assistant Engineers, in the P&RD Department. 6. With the above order, both the cases are disposed of, without any order on cost.