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Judgment
This intra court appeal is directed against the order dated 17.8.2017 passed by the learned Single Judge of this High Court, whereby he has
dismissed appellant''s WP(C) No.5774/2012.
On 1.9.1990, the appellant was appointed as a Muster Roll Worker against the post of Office Peon under the establishment of Sub-Divisional
Agricultural Officer, Sonai, Cachar. The State Government, vide order dated 3.10.2005, took a decision to regularize the services of Muster Roll
Workers under the said establishment, who were engaged prior to 1.4.1993. In compliance of the said decision, Director of Agriculture, vide
order dated 5.10.2005, regularised the services of appellant and other similarly situated workers on a condition that posts shall be ""personal"" and
the same will be abolished as soon as incumbents will relinquish the posts. In the order of regularization, it was also stipulated that such posts shall
not be filled up by any other persons except the Muster Roll Workers for whom the posts have been created. The appellant was thus regularised
on a ""personal ex-cadre post"". Thereafter, the appellant made a prayer for her promotion to Class-III post which was rejected by the Department.
Aggrieved, the appellant filed WP(C) No.5774/2012 and the learned Single Judge has dismissed the same by the impugned order. It is in this
backdrop, the appellant has filed the present appeal.
As mentioned above, the appellant was engaged as a Muster Roll Worker on a Class-IV post (Office Peon). She was, therefore, regularised on
the same Class-IV post. And the post was created specifically for her as personal ex-cadre post. Her post is admittedly outside the cadre of
Class-IV post. Since the appellant has not been encadred in the feeder cadre for Class-III post, she is not entitled for promotion. The learned
Single Judge has rightly dismissed the writ petition of the appellant. The impugned order is well founded and does not suffer from any illegality. The
appeal has no merit and is accordingly dismissed.