Gauhati High Court
Rashidul Islam vs The State Of Assam And 3 Ors on 6 August, 2022
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GAHC010129712020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3831/2020
RASHIDUL ISLAM
S/O LATE EASIN ALI,
R/O VILLAGE BHERAGAON, PO JAHURPAM, BARPETA ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF MINISTERIAL DISTRICT
ESTABLISHMENT, DISPUR GUWAHATI 781006
2:THE DEPUTY COMMISSIONER
BARPETA
ASSAM
3:THE ADDITIONAL DEPUTY COMMISSIONER
BARPETA ASSAM
4:DISTRICT LEVEL SELECTION COMMITTEE
FOR THE POST OF JUNIOR ASSISTANT UNDER MINISTERIAL DISTRICT
ESTABLISHMENT
ASSA
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT & ORDER (ORAL)
Date : 06-08-2022
Heard Mr. M U Ahmed, learned counsel for the petitioner. Also heard Mr. J
K Goswami, learned Additional Senior Government Advocate for the
respondents.
2. The petitioner herein was appointed as a Grade-IV in the amalgamated
establishment of the office of the Deputy Commissioner, Barpeta as per the
order of appointment dated 22.08.2012. The petitioner had obtained his
graduation degree in Arts in the year 2013 by pursuing with the course after
taking necessary permission from the authorities during his service period itself.
The petitioner claims for a consideration for promotion to a Grade-III post under
the provisions of Rule 6(b) of the Assam Ministerial District Establishment
Service Rule, 1967 (in short, the Establishment Rule of 1967).
3. Rule 6(b) of the Establishment Rule of 1967 is extracted as below:
"6(b) By selection on the basis of seniority-cum-merit from amongst Grade IV
staffs of the district establishment concerned who have passed the [High School
Leaving Certificate] or equivalent examination and have rendered at least 7 years of
continuous service in the district establishment on the first day of the year in which
selection is made."
4. A reading of the provisions of Rule 6(b) of the Establishment Rule of 1967
makes it discernable that 90% of the vacancies in the Grade-III are to be filled
by direct recruitment and 10% thereof by promotion, amongst others, the
eligible Grade-IV employees. It further provides that in order to be eligible for
promotion, a Grade-IV employee must have seven years of continuous service
as well as the qualification of matriculation which subsequently has been
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increased to a qualification of graduation.
5. According to the petitioner, the petitioner satisfies both the aforesaid two
eligibility criteria for being considered for promotion. The petitioner refers to an
advertisement dated 17.03.2020 wherein a recruitment process is sought to be
initiated for 27 vacant posts of Junior Assistant in the establishment of the
Deputy Commissioner, Barpeta. The petitioner claims that of the 27 (twenty
seven) vacancies that are available, 90% thereof would be approximately 24
(twenty four) and 10% thereof would be approximately 3 (three) and therefore,
out of the 27 (twenty seven) vacancies, 3 (three) of the vacancies are to be
filled up by promotion from, amongst others, the eligible Grade-IV employees.
6. It is stated that one Grade-IV had already been promoted out of the three
vacant posts for promotion from Grade-IV. If it is so, the remaining two vacant
posts in the Grade-III be filled up by promotion from amongst, the eligible
Grade-IV employees by following the provisions of Rule 6(b) of the
Establishment Rule of 1967. In doing so, the petitioner be also subjected to the
process of promotion along with other eligible candidates. The balance of the 24
(twenty four) posts may be filled by direct recruitment as per the aforesaid
advertisement dated 17.03.2020.
Writ petition stands allowed as indicated above.
JUDGE
Comparing Assistant
