WP(C) 4848/2006 BEFORE HON’BLE MRS. JUSTICE ANIMA HAZARIKA The core question that is required to be answered in this writ petition is as to whether the petitioner who was appointed as a Turner can be denied prom otion to the next higher grade of Foreman under the State Health Transport Organ isation only on the ground that the post of Turner is an ex-cadre post serving i n the department since 1978 i.e. for the last about 30 years or whether in such a situation the court can press into action the scheme known as ’Assured Career promotion’ in terms whereof the incumbent of a post, if not promoted within a period of 12 years from the date of joining in the service is granted one hi gher scale of pay and another upon completion of 24 years as recommended by th e Pay Commission and accepted by the State Government. 2. The brief facts, which are necessary to dispose of this writ petition, a re narrated hereunder: The petitioner was temporarily appointed as Turner in the HERD( Fabrica tion Section) , State Health Transport Organisation( for short SHTO) under the Joint Director of Health Services(Tech)SHTO , Assam, Dispur, Guwahati in the sc ale of pay or Rs. 220-340 P.M. plus other allowances as admissible under the R ules w.e.f. the date of joining vide order dated 4.11.78. The appointment was so made was on the strength of Government letter No.HLB.362/65/70 dtd 7.7.67. Ac cordingly, he joined in the service. The service was confirmed alongwith other i ncumbents vide order dated 7.3.86. Thereafter he is holding the post of Turner a nd no promotion to the higher grade of Foreman was made though the post of Forem an fell vacant on superannuation of the incumbent Sri Jiten Sarma. Several repre sentations were made which did not yield any result and hence the writ petition seeking a direction for consideration of his promotion to the next higher grade of Foreman. 3. On a query made by the Court relating to the promotional avenue to the p ost of Foreman, Mr.D.Saikia learned Standing Counsel, Health Department has plac ed the relevant rules/ policy for promotion of Foreman alongwith the affidavit-i n-opposition. The recruitments rules reads as follows: RECRUITMENT RULES/POLICY FOR PROMOTION TO THE POST OF FOREMAN,FABRICATION SECTI ON, S.H.T.O.;; GUWAHATI-32 For Direct recruitment : Diploma in Mechanical Engineering from a recognized Institution. Desirable experience in mechanical/electrical installations and ins trument maintenance for fabricating of furniture. In case of promotion: (a) Qualification- Certificate holder from a recognized in stitution. (b) Other qualification: Post will have to fill up from the next lower cadre posts of the post of Foreman having 5 to 7 years experience in the line of fabricating/ repairing the hospital furniture in the said cadre. Also, having sufficient knowledge for maintenance of all type of Fabricating Machine and instruments Alongwith recruitment rules learned Standing counsel has placed before the court a communication dated 27.11.2008 which has reference dated 2.11.2006 . In the c ommunication-dated 27.11.08 it has been specifically spelt out that there is no promotional avenue from the post of Turner to the post of Foreman. However in th e communication dated 2.11.06 further, it has been specifically stated that the post of Turner is an ex-cadre post in the Fabrication Section and the present sc ale of pay of the post is Rs. 2650 &..5200 PM. In the said communication it has b een further stated that there are 4 numbers next higher grade posts than to the post of Turner, like Fitter Senior Grade, Fitter Ist class, Carpenter Grade I an d Welder Senior Grade in the scale of Rs. 2850 &5725 PM and the incumbents who ar e holding the post of higher grade are senior to the petitioner and thus the pr omotion to the post of Foreman in the Fabrication Section is being made from t he incumbents holding the higher grade only and hence the claim of the petiti oner has been turned down . It is noticed that the affidavit -in-opposition file d by the State Respondent is in the same line of the communication referred to h ereinabove. 4. Considered the submission made by the contesting parties. Perused the re levant records including the pleadings made by the parties. Admittedly, the peti tioner is holding the post of Turner for the last 32 years and in the meantime, it is stated at the Bar, by the learned Counsel for the petitioner that he has r etired on superannuation in the year 2008 during the pendency of the writ pet ition and reached last stagnation increment without any promotion. The stand o f the State respondent in one hand is that the post of Turner is an ex-cadre post and there is no promotional avenue for the post of Turner . On the other ha nd there are four incumbents who are holding the higher grade with higher scale of pay are entitled to get promotion to the post of Foreman and therefore case o f the petitioner for promotion to the post of Foreman could not be considered. 5. Accepting the stand taken by the State respondent are correct, yet, it c annot be denied that promotion is a condition of service and the State should ha ve created promotional avenues for the employees , having regard to its constitu tional obligation as enshrined in Article 14 and 16 of the Constitution of Ind ia. Even if the Court accepts the plea that the post of Turner is an ex-cadre p ost and there is no promotional avenues from the cadre of Turner yet the benef it of scheme recommended by the pay commission could not be withheld for last 32 years as of now. The scheme of ’Assured Career Promotion’ in terms whereof provides that if the incumbent of a post is not promoted within a period of 12 y ears from the date of joining in the post is granted one higher scale of pay and another upon completion of 24 years as has been held by the Apex Court reported in (2004) 9 SCC 65(State of Tripura Vs. K.K.Roy.). 6. In view of the scheme of ’Assured Career Promotion’ recommended by the p ay Commission , this Court issued a writ in the nature of Mandamus to the res pondent Nos.1,2 and 3 directing to provide one higher scale of pay to the petit ioner on completion of 12 years of service from the date of joining in the post and another upon completion of 24 years of service which has already been co mpleted. The aforesaid exercise should be completed within a period of three mo nths from the date of receipt of the certified copy of this order and according ly the question raised is answered. 7. With the above direction the writ petition is disposed of . However, the re shall be no order as to costs.