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2018 DIGILAW 341 (GAU)

Bipul Nath v. State of Assam

2018-02-22

L.S.JAMIR

body2018
JUDGMENT & ORDER : 1. Heard Ms. T. Som, learned counsel for the petitioner as well as Ms. V.L. Singh, learned Standing Counsel for the Public Works Department, Assam. 2. The petitioner after passing H.S.L.C examination completed the Course of Training at Industrial Training Institute, Bongaigaon and thereafter he was appointed as Skilled Electrical Labour (Muster Roll) on 01.07.1992. While the petitioner was serving as such, the respondent No. 3 issued an order dated 07.10.2005 regularizing 39 Muster Roll Workers in Grade-IV post w.e.f. 22.07.2005. The name of the petitioner appeared at serial No. 30 in the said order dated 07.10.2005. Since then, the petitioner has been serving as Electrical Jugali without any further promotion till date. It is the case of the petitioner that there is a vacancy of Electrical Mistry and that he should be considered for promotion to the said post of Electrical Mistry. 3. The respondent No. 3 has also filed an additional affidavit on 14.07.2017 wherein it is stated that the actual vacancy position of Electrical Mistry under the PWD, Kokrajhar Electrical Division is 3 Nos. and the criteria for filling up the vacant post is as per the seniority list of incumbents, the Annual confidential report and roster maintained by following due process of law. 4. Considering the averments made in the affidavit filed by the respondent No. 3 and submissions made by the parties, this writ petition is disposed of with a direction to the respondent No. 1 to consider the case of the petitioner alongwith other eligible candidates for promotion to the post of Electrical Mistry by considering the seniority list of incumbents, annual confidential report and roster in accordance with law. Let such consideration be made within a period of 6 (six) weeks from the date of receipt of a certified true copy of this Courts order by the respondents. The petitioner is also directed to furnish a certified true copy of this Courts order to the respondent No. 2 within a period of 2 (two) weeks from today. With the above directions, this writ petition is disposed of.