Facts
The petitioner, a Scheduled Caste candidate, was initially appointed as a Grade-IV Peon in the establishment of the Deputy Commissioner, Nalbari, under the Assam Public Services (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992, and was subsequently appointed to the Grade-III post of Junior Assistant, redesignated as Junior District Administrative Assistant (“Jr.DAA”), on 21.07.2018; he joined on 01.08.2018 pursuant to earlier orders of the High Court.
Source reference: p.4, para.3A gradation list of Grade-III employees was published, and the petitioner’s name appeared at Serial No. 59. The cadre strength of Senior District Administrative Assistant (“Sr.DAA”) was stated to be 41 in the petitioner’s case, while the Court found the relevant roster to reflect a cadre strength of 42 posts.
Source reference: p.4, para.4; p.9, para.18Under the Assam Ministerial District Establishment Service Rules, 1967, as amended, Jr.DAAs having four years’ continuous service were eligible for promotion to Sr.DAA on the basis of seniority-cum-merit.
Source reference: p.5, para.7; p.9, para.19By order dated 09.06.2025, six Jr.DAAs were promoted to Sr.DAA under Rule 6(3)(5) of the 1967 Rules.
Source reference: p.3, para.2; p.10, para.20The petitioner challenged the promotion order, contending that the statutory Scheduled Caste reservation and roster had not been followed.
Source reference: p.6, paras.9–10Issues
Whether the promotions to the post of Sr.DAA made by order dated 09.06.2025 complied with the Scheduled Caste reservation and roster requirements under the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978?
Source reference: p.3, para.2; p.9, para.18; p.10, paras.20–23Whether the petitioner, being an eligible and senior Scheduled Caste Jr.DAA, was entitled to consideration for promotion against the Scheduled Caste-reserved roster vacancies?
Source reference: p.5, para.7; p.10, para.23Whether the promotion of respondent No. 6 against the vacancy previously occupied by a Scheduled Caste employee amounted to filling a Scheduled Caste-reserved post?
Source reference: p.8, para.14; p.10, para.21Law Applied
Section 4 of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 provides reservation of 7% of posts for Scheduled Castes, while Section 5 requires establishments to implement reservation in promotions by maintaining the prescribed roster.
Source reference: p.5, paras.5–6The applicable roster earmarked roster points 8, 22 and 36 for Scheduled Caste candidates in the relevant cadre.
Source reference: p.9, para.18Under the Assam Ministerial District Establishment Service Rules, 1967, a Jr.DAA with four years’ continuous service is eligible for promotion to Sr.DAA on the basis of seniority-cum-merit.
Source reference: p.9, para.19The Court noted the principles discussed in R.S. Garg v. State of U.P., (2006) 6 SCC 430, concerning the relationship between reservation percentages and roster operation, and Rajesh Kumar Daria v. Rajasthan Public Service Commission, (2007) 8 SCC 785, concerning migration of reserved-category candidates selected on their own merit; however, it held that those authorities were not materially relevant to the facts of the present case.
Source reference: p.6, para.11; p.8, para.15; p.11, para.22Reasoning
The Court found that the relevant cadre consisted of 42 posts and that three roster points—8, 22 and 36—were reserved for Scheduled Caste candidates.
Source reference: p.9, para.18Although six promotions had been made, only one Scheduled Caste Jr.DAA had been promoted, leaving the statutory roster requirement unfulfilled.
Source reference: p.10, para.20The Court rejected the argument that respondent No. 6 occupied a Scheduled Caste-reserved post merely because the vacancy had previously been held by a Scheduled Caste employee.
Source reference: p.10, para.21Since the predecessor, Shri Homeswar Deka, had not been appointed against a Scheduled Caste-reserved post and had occupied an unreserved post on his own merit, the vacancy fell at roster point 21, not within the Scheduled Caste quota.
Source reference: p.10, para.21Consequently, the authorities had failed to apply the statutory reservation policy and roster while considering promotions, and the petitioner’s case required consideration as the senior-most eligible Scheduled Caste candidate in the Jr.DAA grade.
Source reference: p.10, para.23Holding
The writ petition was disposed of with a direction to the respondent authorities to consider the petitioner’s case for promotion to Sr.DAA with effect from 09.06.2025, in accordance with the 1967 Rules, the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978, and the applicable reservation roster.
If found entitled, the petitioner was to receive consequential benefits in accordance with law.
Source reference: p.12, paras.25–26The exercise was directed to be completed within three months from the date of the judgment.
Source reference: p.12, paras.25–26Acts & Sections Cited
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Nava Kumar DekavsThe State Of Assam And 10 Ors
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