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Judgment
1.
2.","Inspector and
Sub-Inspector","A degree of a recognized university in arts or science or commerce with Mathematics
/Sta(cid:32)s(cid:32)cs /Economics / Geography as one of the subjects, or qualifica(cid:32)on recognized by
Government as equivalent.
3.,"Artist-cum-
Draftsmen","Passed Matricula(cid:32)on or an equivalent examina(cid:32)on and a diploma/cer(cid:32)ficate in Arts of a
recognized Arts Institution.
4.,Primary Investigator,"Passed Intermediate examina(cid:32)on in arts, science
or commerce of a recognized university or higher
secondary or Pre-university examina(cid:32)on, with
Mathematics as one of the subjects.
5.,Computer,
,,
6.,Operator,
7.,Punch Supervisor,
8.,Field Assistant,"Passed Matricula(cid:32)on or equivalent examina(cid:32)on with Mathema(cid:32)cs or Arithma(cid:32)c as one of
the subjects.
9.,Puncher,
10.,Verifier,
“GOVERNMENT OF ASSAM,,
OFFICE OF THE CHIEF ENGINEER:::IRRIGATION::ASSAM::GUWAHATI-3,,
(ESTABLISHMENT BRANCH),,
No. CEI(E)/29/2004/431, Dated Guwahati, the 19th March, 2012.",,
To,",,
The Superintendent Engineer,",,
Monitoring Cell, Irrigation, Guwahati-3.",,
Sub: Application of Sri. Padmeswar Sarma, Computer for promotion to the post of Statistical Assistant.",,
Ref:- Your letter No. CEI(S)/24/2005/56 Dt. 09.03.2012.,,
Sir,",,
With reference to the subject cited above, it is to inform you that as the minimum length of continuous service is required 5(five) years is his existing",,
cadre for promotion to another cadre as per Service Rule 12(2)(A) of “The Assam Economic & Statistical (Junior) Services Rule, 1980.",,
As such, the promotion of Shri. P. Sarma, Computer to the post of Statistical Assistant cannot be considered.",,
Sd/-,,
(Chief Engineer),,
Irrigation, Assam, Guwahati-3.â€",,
On perusal of the above letter one can safely assumed that the petitioner’s request for consideration of his case for promotion to the post of,,
Statistical Assistant was declined at that relevant time only because he had not completed 5(five) years length of service in the post of Computer. The,,
records of the petitioner were in the possession of the Department, if it were for any other reasons that he was not considered eligible for",,
consideration for promotion to the post of Statistical Assistant, it would have also been mentioned in the letter. The fact that only the length of service",,
in the post of Computer was mentioned for his non-eligibility for promotion shows that he was considered eligible for promotion otherwise except for,,
that reason. Furthermore, the fact that the post of Computer is the only feeder post to the post of Statistical Assistant no one other then the petitioner,",,
the only person occupying that post can be appointed to the post of Statistical Assistant. Therefore, in the absence of recruitment rules providing",,
otherwise, it is only reasonable that the petitioner who is the only one holding the post of Computer should be considered for promotion.",,
(iv). Lastly, the submission of the learned counsel for the respondents that the post of Statistical Assistant is equivalent to the post of Sub-Inspector in",,
the Economic & Statistics Department, therefore, the essential educational qualification of Sub-Inspector as provided in the Schedule-II of the Assam",,
Economic & Statistical (Junior) Services Rule, 1980, also applies for the post of Statistical Assistant in the Department of Irrigation appears to be quite",,
far fetch because there is no Order/notification/memorandum, issued by the Department stating as such.",,
In view of the above stated reasons and conclusions, this Court is of the view that the petitioner has a genuine case and thus has the right to be",,
considered for promotion to the post of Statistical Assistant in the Department of Irrigation. Therefore, the writ petition is allowed and the respondents",,
are directed to consider the petitioner for promotion to the post of Statistical Assistant. The whole process should be completed within a period of,,
3(three) months on receipt of the copy of this order. With this, the writ petition is disposed. Send back the Office records through the learned Standing",,
Counsel for Irrigation Department.,,