GUWAHATI, Jan 08: The Gauhati High Court directed the State Department of Fishery to consider the representation of a retired In-Charge District Fisheries Development Officer (DFDO) for promotion to the post of DFDO on merit.
The single-judge bench of Justice Suman Shyam pointed out that the position was available on the date of the petitioner’s retirement from service and asked the Department of Fishery to pass an appropriate order within 3 months.
It was the contention of the petitioner that there were vacancies available in the cadre of DFDO for being filled up by way of promotion on a regular basis. However, the authorities did not take any steps to consider his case for promotion, despite the fact that the date of the petitioner’s superannuation was soon approaching.
While still in service, the petitioner had earlier approached the HC with the above-stated grievance. The Court also passed an order dated October 4, 2013, which directed the respondents to consider the case of the petitioner and pass an appropriate order as expeditiously as possible, but before the date of his retirement.
Meanwhile, in a notification dated October 10, 2013, the petitioner, who was holding the post of SDFDO and was the In-Charge, DFDO, Sivasagar, was transferred and posted as Superintendent, Fisheries Training, Joysagar. In another order dated December 12, 2013, the claim of the petitioner for promotion to the post of DFDO was declined by the respondents, citing anomalies in the Fishery Services.
The Court observed that if the petitioner was eligible under the Rules and Orders for being considered for promotion and if there were vacant posts of DFDO available in the department, the respondents could not have denied promotion to him merely by citing the reason of anomalies.
It also appeared that, as per the provisions of the Orders of 1989, the writ petitioner was eligible to be considered for promotion. Yet, he was not promoted while in service, the court observed.
The single-judge bench observed: “Law is well settled that the right to be considered for promotion is a facet of a fundamental right. If there are vacancies available for being filled up by way of promotion and there are eligible departmental candidates who have a right to be considered for promotion to such posts, the authorities cannot deny such candidates, coming within the zone of consideration, an opportunity of being promoted and thereby deprive them not only of the satisfaction of career progression but also the consequential pecuniary benefits.”
Accordingly, the Court directed the petitioner to submit a fresh representation to the respondents within 6 weeks and for the respondents to consider and dispose of the matter within three months.
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