Gauhati High Court
Madan Kumar Nath vs The State Of Assam And 6 Ors on 31 October, 2022
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GAHC010180272022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5952/2022
MADAN KUMAR NATH
S/O- SHRI NIRENDRA CHANDRA NATH, R/O- ALENGMARI, P.O.
LAKHIGANJ, P.S. BILASIPARA, IN THE DIST. OF DHUBRI (ASSAM),
PRESENTLY SERVING AS GRADE-IV (PEON) IN THE OFFICE OF THE SUB-
DIVISIONAL AGRICULTURE OFFICER, BILASIPARA, DIST.- DHUBRI,
ASSAM AND IN CONTINUOUS SERVICE AS SUCH FOR MORE THAN 27
YEARS BEING APPOINTED AND REGULARIZED BY THE DIRECTOR OF
AGRICULTURE, ASSAM VIDE HIS APPOINTMENT ORDER NO.
AGRI/ESSTT/94-95-96/177/185 DATED 25.09.1995 IN THE SCALE OF PAY OF
RS. 900-15-1005-20-1105-EB-20-1225-30-1435/-PM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-06, P.O.
ASSAM SACHIVALAYA, P.S. DISPUR, IN THE DIST. OF KAMRUP (M), ASSAM
2:THE COMM. AND SECY.
GOVT. OF ASSAM
AGRICULTURE DEPTT.
ASSAM SECRETARIAT
DISPUR
GHY-06 IN THE DIST.- OF KAMRUP (M)
ASSAM
3:THE DIRECTOR
AGRICULTURE
ASSAM
KHANAPARA
GHY-22
IN THE DIST. OF KAMRUP (M)
ASSAM
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4:THE DISTRICT AGRICULTURE OFFICER
DHUBRI
OFFICE OF THE DISTRICT AGRICULTURE OFFICER
DHUBRI
P.O. DHUBRI
IN THE DIST. OF DHUBRI
ASSAM
5:THE CHAIRMAN
DISTRICT SELECTION COMMITTEE FOR PROMOTION OF THE STAFF
WORKING UNDER THE DISTRICT AGRICULTURAL OFFICER
DHUBRI
P.S. DHUBRI
IN THE DIST. OF DHUBRI
ASSAM
6:THE SUB-DIVISIONAL AGRICULTURE OFFICER
BILASIPARA
P.O. HAKAMA
P.S. BILASIPARA
IN THE DISTRICT OF DHUBRI
ASSAM
7:ANUPAMA ROY PRADHANI
RECENTLY PROMOTED TO THE POST OF JUNIOR ASSISTANT FROM THE
GRADE-IV POST WHO HAS REPORTED HER JOINING IN THE SAID POST OF
JUNIOR ASSISTANT ON 08.08.2022 AT 10.00 O CLOC
Advocate for the Petitioner : MR. C C DEKA
Advocate for the Respondent : SC, AGRI. DEPARTMENT
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 31-10-2022
Heard Mr. Charan Ch. Deka, learned counsel appearing on behalf of the petitioner. Also
heard Ms. G. Borah, learned counsel appearing on behalf of Agriculture Department
(respondent Nos.2 to 6).
2. The petitioner's counsel submits that the petitioner has been serving in a Grade IV post
for last 27 years and the petitioner has not been considered for promotion to the post of
Junior Assistant (Grade III Post) till date.
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3. The learned counsel for the petitioner submits that the petitioner is a Class-XII pass
and as persons, who were holding the same educational qualification as the petitioner have
been promoted from Grade-IV to Grade-III (Junior Assistant) in the year 2019 and in the year
2020, the respondents should be directed to consider the case of the petitioner for promotion
to Grade III (Junior Assistant) post. He submits that though the educational qualification
required for promotion from Grade-IV post to Junior Assistant (Grade-III) requires a person to
have a graduation degree, in terms of the Assam Ministerial District Establishment
(Amendment) Rules, 2015, herein after referred to as the '2015 Rules', which came into force
on 16.10.2015, the respondents should be directed to consider the case of the petitioner for
promotion to the post of Junior Assistant, as other persons, who were not graduates were
promoted to the said posts in the year 2019 and 2020.
4. The petitioner's counsel also submits that the petitioner has submitted a representation
dated 07.07.2022 to the Director of Agriculture, Assam, praying for considering his case for
promotion from Grade IV (Peon) to the post of Junior Assistant (Grade III). However, the
same has not been considered till date.
Accordingly, the learned counsel for the petitioner prays that the writ petition can be
disposed off with a direction being issued to the Director of Agriculture, Assam, to dispose of
the petitioner's representation dated 07.07.2022 within a specified time period.
5. Ms. G. Borah, learned counsel for the Agriculture Department submits that the
petitioner can be considered for promotion to the post of Junior Assistant (Grade III post),
only if the petitioner is a graduate. However, the petitioner is an undergraduate and as such,
he cannot be considered for promotion to the post of Junior Assistant. She also submits that
the post of Primary Investigator and the post of Field Assistant are to be filled by way of
direct recruitment and it is not a promotional post. She however submits that she does not
have any objection to the prayer of the petitioner's counsel for a direction to be issued to the
Director of Agriculture, Assam to dispose of the petitioner's representation within a specified
time period.
6. I have heard the learned counsel for the parties.
7. It is an admitted fact that prior to the 2015 Rules, Grade-IV employees could be
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promoted to the post of Junior Assistant (Grade-III), if the Grade-IV employee had the
educational qualification of Class-X. However, with the promulgation of the 2015 Rules, the
educational qualification required of a Grade-IV employee to be promoted as a Junior
Assistant (Grade-III post), requires the said person to be a graduate.
In the case of Y.V. Rangaiah & Others Vs. J. Sreenivasa Rao and Others, 1983
3 SCC 284, the Apex Court has held that the vacancy which occurred prior to the Amended
Rules would be governed by the Old Rules and not by the Amended Rules. However, the
judgment of the Apex Court in Y.V. Rangaiah & Others (supra) has been held to be not
reflecting the correct proposition of law and was overruled by the 3 Judges Bench of the Apex
Court in the case of State of Himachal Pradesh & Others Vs. Raj Kumar & Others, C.A.
9746/2011. In Raj Kumar & Ors. (supra), it was held that there is no universal application
that vacancies must be necessarily filled on the basis of law existing on the date when they
arose and there is no obligation for the Government to make appointments as per the old
rules. It further held that when there is no statutory cast upon the State to consider
appointments to vacancies that existed prior to the amendment, the State cannot be directed
to consider the same.
8. On consideration of the submissions made by the learned counsels for the parties and
with their consent, this writ petition is disposed of with a direction issued to the Director of
Agriculture, Assam, to examine the petitioner's representation dated 07.07.2022 and to take a
decision on the same, by issuing a speaking order, within a period of 1 (one) month from the
date of receipt of a certified copy of this order.
The decision taken by the Director of Agriculture, Assam shall thereafter be
communicated to the petitioner.
9. The writ petition is, accordingly, disposed of.
JUDGE
Comparing Assistant
