W.P.(C)(SH) No. 285/2009 Page 1 of 15 - Gauhati High Court

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Although the respondents have also taken the plea that the particulartraining course undertaken by the petitioner does not conform to therequirement of the said Rules, but there is only vague and indefinitestand in the counter affidavit to the effect. There is no definite standthat the petitioner is required to undergo further training. In thisconnection, learned counsel for the petitioner has referred to AnnexureA/5 letter dated 09.04.2010 annexed to the additional affidavit so as tocontend that the initial duration of 10 weeks trainingwassubsequently enhanced to 36 weeks, but now it has been reduced to 4weeks. He has further submitted that when the petitioner hadundertaken the said training course, there was no requirement ofundertaking 36 weeks training course and the said duration cannot beapplied retrospectively.16. From the above discussions, what has emerged is that thepetitioner conforms to the requirement of the 2006 rules forconsideration for promotion to the grade of SI (VM). The stand of therespondents in their impugned communication and the counteraffidavit is somewhat vague. Admittedly the requirement of 18 yeas ofcontinuous service has been done away with and now as per the newrequirement rules of 2006, the requirement is 10 years of continuousW.P.(C)(SH) No. 285/2009 Page 14 of 15
service in the grade of Head Constable (VM) which the petitionerfulfills. As regards the requisite training, the petitioner has undergonethe same as indicated in Anenxure-6 Movement Order dated28.05.2007. Even otherwise also Rule 7 of the rules being applicable,his case is required to be considered. According to the petitioner, therequirement of duration of the training course has further beenreduced by Annexure-5 letter dated 09.04.2010 annexed to theAdditional affidavit.17. In view of the above, I am of the considered opinion that therespondents are required to consider the case of the petitioner forpromotion dispassionately and consistently with the observations madeabove. Accordingly, the writ petition is disposed of directing therespondents to consider the case of the petitioner for promotion as perthe requirement of the Rules of 2006 taking into account theobservations made above as expeditiously as possible, but any rate,not later than 31.08.2011.KborahJUDGEW.P.(C)(SH) No. 285/2009 Page 15 of 15
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W.P.(C)(SH) No. 285/2009 Page 1 of 15 - Gauhati High Court

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