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Judgment
None appears for the petitioner, when the matter is called upon. Also none appears for the respondent Nos. 4 to 12. Heard Mr. S. P.
Bhattacharjee, learned Standing counsel, Secondary Education Department.
It is also noticed that none had appeared for the petitioners on 07.05.2018, 08.05.2018, 09.05.2018 and 10.05.2018. On 10.05.2018, an observation
was made that if on the subsequent call, none appears, appropriate orders would follow. Today when the matter is called, none appears for the
petitioners.
The petitioners who are presently serving as Supervisors in the Directorate of Adult Education, Assam prayed that the respondent authorities be
directed to consider their promotion to the 43 vacant posts of Assistant Project Officer and to fill up of 39 number of vacant posts of Project Officer
from the feeder cadre of Assistant Project Officers/Supervisors only. It is the stand of the petitioners that they were appointed provisionally between
the years 1984 to 1994 and they had already rendered a continuous and unblemished service of more than 20 to 32 years.
The respondent Directorate of Non-Formal and Adult Education, Assam had filed an affidavit-in-opposition on 21.02.2017. In this writ petition,
some Statistical Assistants in the Directorate of Adult Education had also been arrayed as respondent, who had entered appearance and filed their
affidavit-in-opposition. It is the apprehension of the petitioners that although, the hierarchy of post is from Supervisors to Assistant Project Officer and
then to Project officer, therefore, under the existing situation there is no scope of any promotion or absorption to the post of Project Officer and
Assistant Project Officer from the Statistical Assistants.
The Statistical Assistants in their affidavit-in-opposition takes a stand that the Statistical Assistants and Assistant Project Officers are equivalent
posts having the same pay scale. It is the further stand of the Statistical Assistants that they are at times posted as Assistant Project Officers and
thereafter, promoted as Project Officers. Accordingly, the Statistical Assistants take a stand that they being paid the same pay scales as that of the
Assistant Project Officer are therefore eligible to be promoted as Project Officers.
The Director has filed an affidavit-in-opposition wherein in paragraph-7, it is stated that although the scale of pay and grade pay of Assistant
Project Officers and Statistical Assistants are same but however their duties and works are different and, therefore, the Statistical Assistants on their
own cannot be promoted as Project Officers.
In paragraph 9 thereof it is stated that there is no promotional avenue for the Statistical Assistants and the record available in the Directorate does
not reveal any promotion being given to any of the Statistical Assistants to the post of Project Officer. In the affidavit, it is the further stand that
although there is no service rule in the Directorate of Adult Education, but the Govt. of Assam through certain Notifications issued from time to time
had effected the promotions to the post of Project Officers and Assistant Project Officers.
It is stated that as per the notification dated 30.11.2013 of the Commissioner and Secretary to the Government of Assam in the Education Department
about 50% of the posts of Project Officer were filled up by promotion from amongst the Assistant Project Officers who had completed more than 5
years of continues service. But as regards the grievance of the petitioners a stand has been taken by the Director that presently there is no such
decision by the Government to promote any of the Supervisors to Assistant Project Officer and Assistant Project Officers to Project Officers and,
therefore, the promotions as sought for by the petitioners have not been given effect. In Paragraph 14, it is also stated that there is no such decision by
the Government on the representation dated 03.03.2014 submitted by the Statistical Assistants for being considered for promotion as Project Officers.
In view of the aforesaid claim of the writ petitioners as well as the Supervisors in the Directorate of Adult Education and of the respondents who
are Statistical Assistants and further taking in view the stand of the Directorate of Adult Education, Assam in his affidavit, it is deemed appropriate
that the ends of justice will be met if the Commissioner and Secretary to Government of Assam in the Secondary Education Department takes a
decision on the claim of the writ petitioners for promotion from Supervisor to Assistant Project Officer and thereafter to Project Officer as well as on
the claim of the respondents for being considered for promotion to the post of Project Officer. As the learned counsel for the petitioners nor the
respondent Nos.4 to 12 have appeared, inspite of the matter being called on five or six occasions, it is deemed appropriate that the learned Standing
Counsel, Secondary Education Department shall inform the Commissioner and Secretary about the order passed today so as to enable him to do the
needful.
It is provided that the Commissioner and Secretary in the Education Department would also at liberty to frame the Service Rules if he so desires. In
the event, the Commissioner feels it necessary to frame the Service Rules or he is of the view that the purpose can be served by issuing Notification,
the required be done within a period of 3(three) months from the date of receipt of a certified copy of this order.
A copy of this order be provided to Mr. N. Sarma, learned Standing Counsel Secondary Education Department for doing needful.
In terms of the above, this writ petition stands disposed of.