Gauhati High Court
Shri Rama Kanta Paul vs The State Of Assam And 6 Ors on 23 November, 2021
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GAHC010008412015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/697/2015
SHRI RAMA KANTA PAUL
S/O- LT. RAJENDRA PAUL, COLLEGE ROAD, RAMKRISHNA NAGAR-
788166, DIST.- KARIMGANJ, ASSAM.
VERSUS
THE STATE OF ASSAM and 6 ORS.
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
FINANCE ESTABLISHMENT B DEPTT., DISPUR, GHY- 6, ASSAM.
2:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
FINANCE ESTABLISHMENT B. DEPTT.
DISPUR
GHY- 6
ASSAM.
3:THE ACCOUNTANT GENERAL AUDIT
ASSAM
MAIDAMGAON
BELTOLA
GHY- 29
ASSAM.
4:THE DIRECTOR OF ACCOUNTS AND TREASURIES
ASSAM
KAR BHAWAN
DISPUR
GHY- 6
ASSAM.
5:THE DY. COMMISSIONER TREASURY ESTABLISHMENT
KARIMGANJ DIST.
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KARIMGANJ
ASSAM.
6:THE TREASURY OFFICER
KARIMGANJ TREASURY
DIST.- KARIMGANJ
ASSAM.
7:THE TREASURY OFFICER
RAMKRISHNA NAGAR SUB-TREASURY
RAMKRISHNA NAGAR
788166
DIST.- KARIMGANJ
ASSAM
Advocate for the Petitioner : MR.N DHAR
Advocate for the Respondent : MR.C BARUAHR3
BEFORE
HONOURABLE MR. JUSTICE NANI TAGIA
JUDGMENT
Date : 23-11-2021
Heard Mr. M. Khan, learned counsel for the petitioner and Mr. J.K.
Goswami, learned counsel for the respondent No.5. Also heard Mr. R.K. Talukdar,
learned counsel, appearing for the respondent No. 3.
2. This writ petition has been filed by the petitioner seeking promotion to the
post of Lower Division Assistant (LDA) in the Establishment of Treasury Office,
Karimganj District of Assam in accordance with Rule 11 of the Assam Treasury
(Establishment) Service Rules, 1993, with retrospective effect from the date of
promotion of the similarly situated person namely Sri Taybur Rahman, who was
promoted to the said post with all other service benefits available in the service
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Rules.
3. The only contention raised by the petitioner, who is working as Grade-IV
peon in the Establishment of the Treasury Office, Karimganj since 11.11.1996 is
seeking promotion to the post of LDA in the Establishment of the Treasury
Office, Karimganj District is that one Taybur Rahman, who was also working as
Grade- IV employee in the establishment of the Treasury Office, Karimganj
District and senior to the petitioner was promoted as LDA on 12.01.2011 in
terms of the Rule 11 of the Assam Treasury (Establishment) Service Rules,
1993. The said Taybur Rahman was further promoted to the post of Junior
Accounts Officer on 24.09.2014. The petitioner, therefore, contends that in the
post of LDA vacated by the said Taybur Rahman who himself was a promotee,
the petitioner now being the senior-most Grade-IV employee is entitled to be
considered for promotion in the said post of LDA.
4. The respondents have contested the case by filing a counter affidavit by
the respondent No. 7, the Treasury Officer, Karimganj District wherein it has
been contended that the resultant vacancy of the LDA is meant for direct
recruitment as per the Assam Treasury (Establishment) Service Rules, 1993 and
accordingly, since the post of LDA is meant for a direct recruitment quota, the
petitioner's case for promotion from the post of Grade-IV cannot be considered.
5. The learned counsel for the petitioner, Mr. Khan has produced a copy of
the recruitment Rule, namely; the Assam Treasury (Establishment) Service
Rules, 1993 which prescribes the manner and method of filling up of various
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posts in the Treasury establishments of Assam.
6. Rule 5 sub-rule (3) of the Assam Treasury (Establishment) Service Rules,
1993 which is relevant for the adjudication of the case reads as under:
"5. Method of recruitment:- Recruitment to the service shall be made in the
manner prescribed hereinafter:
(1) *****
(2) *****
(3). Recruitment to the cadre of Lower Division Assistant shall be made:-
(a) by direct recruitment, and
(b) by promotion against 20 percent of the strength of the cadre in accordance
with rules 11 and 12.
Provided that the deficiencies in the percentages under this clause due to
dearth of adequate number of suitable candidate may be filled up under clause
(a) above and in that case the deficiency under clause (b) shall be carried
forward to the subsequent year (s)."
7. On perusal of Rule 5 sub-rule (3) (a) and (b) of the Assam Treasury
(Establishment) Service Rules, 1993 it is noticed that the recruitment of LDA
shall be made by direct recruitment and by promotion against 20 percent of the
strength of the cadre in accordance with Rues 11 and 12.
8. Though there is no specific pleadings made either in the writ petition or in
the counter affidavit filed by the respondent No. 7 that the Treasury
Establishment of Karimganj District comprises of only one LDA post, the learned
counsels, appearing for the parties do not dispute the fact that in the Treasury
Establishment of the Karimganj District there is only one post of LDA.
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9. If it is the admitted position that there is only one post of LDA in the
Treasury Establishment of the Karimganj District; in view of the fact that Rule 5
sub-rule (3)(a) and (b) permits filling up of only 20% of the cadre strength of
the LDA by means of promotion in accordance with Rules 11 and 12 thereof, the
stand taken by the respondent No. 7 in the counter affidavit that the said post is
earmarked for direct recruitment under the Assam Treasury (Establishment)
Service Rules, 1993 would be a correct stand under the said recruitment Rules.
10. In that view of the matter, the prayer made by the petitioner who is a
Grade-IV employee in the Establishment of the Treasury Office, Karimganj
District for promotion to the post of LDA under the Assam Treasury
(Establishment) Service Rules, 1993 may not be justified. The writ petition
accordingly fails and the same is dismissed.
11. Notwithstanding the dismissal of the writ petition it is further noticed that
though Rule 5 sub-rule (3) (a) and (b) of the Assam Treasury (Establishment)
Service Rules, 1993 provides for 20% of the cadre strength of the LDA to be
promoted from Grade-IV employees of the Treasury Establishment of the
Karimganj District in accordance with Rules 11 and 12, in the absence of
requisite numbers of post(s) made available by the Government which will
enable the Grade-IV employees serving under the Treasury Establishment of
Karimganj District to be promoted under Rule 5 sub-rules (3) (a) and (b) and
Rules 11 and 12 of the Assam Treasury (Establishment) Service Rules, 1993, the
promotional avenue as provided to the Grade-IV employees under Rule 5 sub-
rules-(3) (a) and (b) and Rules 11 and 12 appears to have been rendered
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redundant. Since the promotion being a condition of service, the avenues has to
be provided therefor, as held by the Hon'ble Supreme Court in the case State
of Tripura and others Vs. K.K. Roy, reported in (2004) 9 SCC 65, the
respondent authorities will be well advised to take appropriate steps for
providing a realistic avenues for promotion of the Grade -IV employees working
under the Treasury Establishment of the Karimganj District.
12. The writ petition stands disposed of in terms of the above observations.
JUDGE
Comparing Assistant
