Page No.# 1/15 GAHC010121992021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4310/2021 UPEN DAS S/O- MAGHUWA RAM DAS, R/O- VILL- BARGAON, P.O. DADARA, P.S. HAJO, DIST.- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., DISPUR, GHY-6 2:THE SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION (NAZARAT) DEPTT. DISPUR GHY-6 3:THE UNDER SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION (NAZARAT) DEPTT. DISPUR GHY-6 4:THE DY. SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION (NAZARAT) DEPTT. DISPUR GHY- Advocate for the Petitioner : MR. A B T HAQUE, MR. T U LASKAR Advocate for the Respondent : SC, IRRIGATION, SC, Assam Secretariat Administration Department Page No.# 2/15 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 01.06.2026 Heard Mr. A B T Hoque, Learned Counsel for the Petitioner. Also heard Mr. N Upadhyay, Learned Standing Counsel, Department of Irrigation, Assam, appearing for the Respondent No. 1 and Mr. A Phukan, Learned Standing Counsel, Secretariat Administration Department, Assam, appearing for the Respondent No. 2, 3 & 4. 2. The Petitioner, by way of instituting the present Writ Petition, has prayed for a direction upon the Respondent authorities, to consider his case for promotion to the Cadre of Junior Administrative Assistant (JAA) in the Secretariat Administration Service. 3. As projected in the Writ Petition, the Petitioner was initially appointed against a Grade-IV post, in the Secretariat, Department of Irrigation, Assam, and was also authorized a scale of pay. The Petitioner, thereafter, continued against the said post. It is further projected that the Petitioner, during the course of his service, in the year 2017, had acquired his degree qualification, Page No.# 3/15 i.e. Bachelor of Arts (B.A) degree from Krishna Kanta Handique State Open University (KKHSOU). The Petitioner projects that in terms of the Rules, holding the field, he had acquired the requisite eligibility criteria for being considered for promotion to the post of Junior Administrative Assistant (JAA), existing in the Assam Secretariat Subordinate Service. The Petitioner submits that although, considering the date of his initial appointment as a Grade-IV employee in the Secretariat, the Petitioner would also come within the zone of consideration for such promotion. The Petitioner had approached the Respondent authorities for consideration of his case for promotion to the cadre of Junior Administrative Assistant (JAA). However, such prayer, not being considered, the Petitioner has instituted the present Writ Petition, praying for the reliefs as noticed, hereinabove. 4. Mr. A B T Hoque, Learned Counsel for the Petitioner, after reiterating the facts noticed, hereinabove, has submitted that in terms of the provisions of the Assam Secretariat Subordinate Service Rules, 1963, the recruitment to the post of Junior Administrative Assistant (JAA) is to be made, both by way of direct recruitment and also by way of promotion. He submits Page No.# 4/15 that promotion would also be permissible to the extent of 10% (Ten percent) of the vacancies, arising in the cadre of Junior Administrative Assistant (JAA), from the incumbents in the Grade-IV cadre. The Petitioner submits that the criteria for such promotion, is seniority. 5. Mr. A B T Hoque, Learned Counsel for the Petitioner submits that while the appointment and the continuance in service, by the Petitioner, is admitted to by the Respondents in the Department of Irrigation, Assam, the Respondents in the Secretariat Administration Department, in the present Writ Petition, have taken a plea that the Petitioner, not being appointed to the Assam Secretariat Grade-IV and Record Suppliers Service, his case for promotion to the post of Junior Administrative Assistant (JAA), falling within the Assam Secretariat Subordinate Service, would not be mandated. Mr. A B T Hoque, Learned Counsel for the Petitioner submits that the said plea taken by the Respondents, in the Secretariat Administration Department, is clearly perverse, inasmuch as, the Petitioner is duly continuing in his services, in the Secretariat and, in terms of the Assam Secretariat Grade-IV and Record Page No.# 5/15 Suppliers Service Rules, 1963, the Secretariat has been defined to mean all Departments of the Government Secretariat, including the Chief Ministers Secretariat but excluding the Public Works Department, Assam. He submits that the Department of Irrigation, Assam, after it was so set up, having not been excluded from the definition of a Department, forming the part of the Secretariat, the employees in the Subordinate Service of the Department of Irrigation, Assam, cannot be held to be also not part of the Assam Secretariat Grade-IV & Record Suppliers Service. Accordingly, Mr. A B T Hoque, Learned Counsel for the Petitioner submits that the non-consideration of the case of the Petitioner for promotion to the cadre of Junior Administrative Assistant (JAA), has the effect of infringing upon his fundamental right, vested in him, for such consideration. 6. In the above premises, Mr. A B T Hoque, Learned Counsel for the Petitioner submits that this Court would be pleased to direct the Respondent authorities, more particularly the respondents in the Secretariat Administration Department, to consider the case of the Petitioner for promotion to the post of Junior Administrative Assistant (JAA), figuring in the Secretariat Page No.# 6/15 Subordinate Service. 7. Mr. N Upadhyay, Learned Standing Counsel, Department of Irrigation, Assam, while admitting the fact that the Petitioner was so appointed by the Department of Irrigation, Assam, and was continuing in his services in the Department of Irrigation, Assam, submits that the Petitioner must be also deemed to be a Member of the Assam Secretariat Grade-IV and Record Suppliers Services. He submits that only on account of the fact that the Petitioner was initially appointed by an official of the Department of Irrigation, Assam, the Petitioner cannot be held to not figure in the Assam Secretariat Grade-IV and Record Suppliers Services, more so when such appointment of the Petitioner, was within the Secretariat, itself. He further submits that the pay of the Petitioner is released by the Drawing and Disbursing Officer (DDO) in the Secretary, Department of Irrigation, Assam, after the budget provision for the same, is so received from the Secretariat Administration Department. Accordingly, he submits that there being no post of Junior Administrative Assistant (JAA) and/or any other vacant Grade-III post, available in the Secretariat, Department of Irrigation, Assam, the case of the Page No.# 7/15 Petitioner must necessarily be considered for promotion to the cadre of Junior Administrative Assistant (JAA), by effecting such promotion against any vacant post of Junior Administrative Assistant (JAA), forming the Assam Secretariat Subordinate Service. 8. Mr. N Upadhyay, Learned Standing Counsel, Department of Irrigation, Assam, has submitted that the Department of Irrigation, Assam, in the meantime, has already extended to the Petitioner, his financial up-gradation under the M.A.C.P Scheme, as formulated by the Government of Assam. 9. Per Contra, Mr. A Phukan, Learned Standing Counsel, Secretariat Administration Department, Assam, appearing for the Respondent No. 2, 3 & 4, at the outset, by referring to the Assam Secretariat Grade-IV & Record Suppliers Services Rules, 1963, has submitted that a person can be deemed to be a Member of the service, covered by the Rules of 1963, provided he has been appointed by the Deputy Secretary to the Government of Assam, in the Secretariat Administration Department. He submits that although the Assam Secretariat, is Page No.# 8/15 projected in the Rules to mean all Departments of the Government Secretariat, including the Chief Ministers Secretariat, he submits that the amalgamation of the Departments to form the Assam Secretariat, would not automatically mean that any Member, appointed, de hors the provisions of the said Rules of 1963, would also be deemed to be a Member of the Service, covered by the said Rules of 1963. 10. Mr. A Phukan, Learned Standing Counsel, Secretariat Administration Department, Assam, appearing for the Respondent No. 2, 3 & 4, basing on specific instructions received by him from the Respondents in the Secretariat Administration Department, has submitted that the Petitioner was not recruited to his services by the authorities in the Secretariat Administration Department and his such appointment, was also not made, in terms of the provisions of the said Rules of 1963. Mr. A Phukan, Learned Standing Counsel, Secretariat Administration Department, Assam, has submitted that the recruitment of the Petitioner was made solely by the Department of Irrigation, Assam, without any reference to the Secretariat Administration Department. Mr. A Phukan, Learned Standing Counsel, Page No.# 9/15 Secretariat Administration Department, Assam, has further submitted that the pay and allowances of the Petitioner are drawn directly by the Drawing & Disbursing Officer (DDO), in the Secretariat, Department of Irrigation, Assam, and the same has got no connection with the Secretariat Administration Department. He submits that for employees forming the service of the Assam Secretariat, their pay and allowances are drawn and disbursed by the Drawing & Disbursing Officer (DDO), in the Secretariat Administration Department. 11. Mr. A Phukan, Learned Standing Counsel, Secretariat Administration Department, Assam, submits that the manner of recruitment to the post of Junior Administrative Assistant (JAA), having been prescribed under the provisions of the Assam Secretariat Subordinate Service Rules, 1963, and the said Rules having mandated that such recruitment is also to be made from the Grade-IV staff and Record Suppliers of the Secretariat, he submits that the person in the feeder cadre, can only be the person, who was recruited, in accordance with the provisions of the Assam Secretariat Grade-IV and Record Suppliers Services Rules, 1963. He submits that the Petitioner Page No.# 10/15 having not been recruited under the provisions of the said Assam Secretariat Grade-IV & Record Suppliers Services Rules, 1963, he cannot be held to be placed in the feeder cadre for promotion to the cadre of Junior Administrative Assistant (JAA), forming part of the Assam Secretariat Subordinate Service and covered by the Assam Secretariat Subordinate Service Rules, 1963. 12. In the above premises, Mr. A Phukan, Learned Standing Counsel, Secretariat Administration Department, Assam, appearing for the Respondent No. 2, 3 & 4, submits that the claim made by the Petitioner in the present Writ Petition would not mandate an acceptance. 13. I have heard the Learned Counsel for the Parties and perused the materials available on record. 14. The Petitioner, admittedly, was appointed against a Grade-IV post in the Secretariat, Department of Irrigation, Assam, vide an order dated 23.02.1989, issued by the Under Secretary to the Government of Assam, Department of Irrigation, Assam. The claim made by the Petitioner in the present Writ Petition, is to the effect that he having completed more than 7 Page No.# 11/15 (Seven) years of continuous service and also having acquired the Graduate qualification, he is eligible under the provisions of the Assam Secretariat Subordinate Service Rules, 1963, for promotion to the cadre of Junior Administrative Assistant (JAA). 15. Rule 8 of the Assam Secretariat Subordinate Service Rules, 1963, prescribes the manner of recruitment to the cadre of Junior Administrative Assistant (JAA). Rule 8 (I) (3) mandates that such recruitment, by way of promotion, is also permissible by selection from amongst the Grade-IV Staff and Record Suppliers of the Secretariat, who have acquired the requisite qualification and have completed at least 7 (Seven) years of continuous service in the Secretariat, on the first day of the year, in which the selection is being made. The promotion, by way of selection from the cadre of Grade-IV Staff & Record Suppliers, is to the extent of 10% (Ten percent), in the cadre of Junior Administrative Assistant (JAA). 16. Provisions of Rule 8 (1) (3) of the said Rules of 1963, prescribes the feeder cadre for promotion to the cadre of Junior Administrative Assistant (JAA), to be the cadre of “Grade- Page No.# 12/15 IV Staff & Record Suppliers”. The recruitment to the feeder cadre i.e. cadre of Grade-IV Staff & Record Suppliers, is covered by the provisions of the Assam Secretariat Grade-IV & Record Suppliers Services Rules, 1963. Rule 2 (I) defines the appointing authority to be the Deputy Secretary to the Government of Assam, in the Secretariat Administration Department. Rules 6 lays down the procedure for direct recruitment to various Grade-IV cadres, of the said service. 17. Having noticed the provisions of the Rules holding the field, this Court would now examine the manner in which the Petitioner, herein, was so recruited. As noticed, hereinabove, the Petitioner was appointed, vide the Office order dated 23.02.1989, in the Secretariat, Department of Irrigation, Assam, by the Under Secretary to the Government of Assam, Department of Irrigation, Assam. There is no material brought on record to demonstrate that the initial recruitment of the Petitioner was so made, in compliance with the provisions of Rule 6 of the Assam Secretariat Grade-IV and Record Suppliers Services Rules, 1963, and that his appointment was so made by authorities of the Secretariat Administration Department. Page No.# 13/15 Admittedly, the Petitioner was not so appointed, in terms of the provisions of Assam Secretariat Grade-IV and Record Suppliers Services Rules, 1963. The feeder cadre for promotion to the cadre of Junior Administrative Assistant (JAA), in terms of the provisions of the Assam Secretariat Subordinate Services Rules, 1963, being the cadre of Grade-IV and Record Suppliers of the Secretariat, the Petitioner is not found to be a Member of the said service and accordingly, the Petitioner cannot claim for promotion to the post of Junior Administrative Assistant (JAA), covered by the provisions of the Assam Secretariat Subordinate Service Rules, 1963. The mere placement of the Petitioner in the Assam Secretariat, would not also lead to the Petitioner being, included, as a Member of the Assam Secretariat Grade-IV and Record Suppliers Services. 18. This Court having found the Petitioner to be not placed in the feeder cadre for promotion to the post of Junior Administrative Assistant (JAA) in the Secretariat Administration Service, the claim made by the Petitioner for a direction upon the Respondent authorities for considering his case for promotion, would not mandate acceptance by this Court. It is found that the Page No.# 14/15 Petitioner’s appointment being limited to that of the Secretariat, Department of Irrigation, Assam, it is for the authorities of the Secretariat, Department of Irrigation, Assam, to take appropriate steps for extending to the Petitioner, his service benefits. It is stated at the Bar that the Petitioner was extended with the benefits under the Modified Assured Career Progression Scheme by the Secretariat, Department of Irrigation, Assam. 19. This Court, while not accepting the claims made by the Petitioner, in the present Writ Petition, for a direction for consideration of his case for promotion against a post of Junior Administrative Assistant (JAA), figuring within the Assam Secretariat Subordinate Service, however, provides that in the event of any such vacancies in Grade-III, occasioning within the Secretariat, Department of Irrigation, Assam, not covered by the provisions of the Assam Secretariat Subordinate Service Rules, 1963, the case of the Petitioner, be considered against such post, provided he has the requisite qualification for the same. The said direction would be not construed to mean that the Petitioner would be entitled to be considered against the post within the Secretariat, Department of Irrigation, Assam and/or any other Page No.# 15/15 Department in the Secretariat, covered by the provisions of the Assam Secretariat Subordinate Service Rules, 1963. Such consideration, as directed by this Court is only to a post which figures within the Secretariat, Department of Irrigation, Assam, and not covered by the provisions of the Assam Secretariat Subordinate Service Rules, 1963. 20. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant