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As per case facts, the Petitioner, a Grade-4 Peon in the P&RD Department, sought promotion to a Grade-3 post, citing his qualifications (Higher Secondary and B.A.) and long service. He
...claimed to be overlooked for promotion while similarly situated employees were promoted earlier. The Respondent argued that the Petitioner was absorbed into the P&RD Department later than the previously promoted employees, and his services are now governed by the Assam Panchayat Act, 1994, and its 2012 Rules. The question arose whether the Petitioner was eligible for promotion from Grade-IV to Grade-III under the current legal framework, especially given the amendment to Section 140(1) of the 1994 Act in 2023. Finally, the Court dismissed the Writ Petition, stating that the Petitioner's services are governed by the Assam Panchayat Act, 1994, and the 2012 Rules, which, post-amendment, do not provide a promotional avenue from Grade-4 to Grade-3, making direct recruitment by the State Level Recruitment Commission the sole method for such appointments.
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