Partly allowed

Krishnendu Das v. the State of Assam

Gauhati HC4 Apr 2018I.A.(Civil)/249/2018

Case brief

AI extract

What is this about?

The Gauhati High Court allowed interim appointments of a Superintending Engineer as Interim Additional Chief Engineer pending final inter-se seniority determination and regular promotion of eligible officers, subject to retirements and regularisation within four weeks to meet public exigencies.

What did the court decide?

Liberty granted to Secretary of Irrigation Department to post an eligible Superintending Engineer as Interim Additional Chief Engineer subject to regular promotion; posting to be ensured within four w

Krishnendu Das Vs the State of Assam — Pension and Retirement Benefits | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010017372018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 249/2018 in WP(C) 6904/2017

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1:KRISHNENDU DAS

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S/O- LT. CHANDRA MOHON DAS, SUPERINTENDING ENGINEER, JORHAT (MECHANICAL) CIRCLE, IRRIGATION DEPTT., JORHAT, ASSAM.

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VERSUS

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1:THE STATE OF ASSAM

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REP. BY THE SECY., IRRIGATION DEPTT., DISPUR, GHY- 6, DIST.- KAMRUP (M), ASSAM.

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Advocate for the Petitioner : MR. S K GOSWAMI

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Advocate for the Respondent : SC, IRRIGATION

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Linked Case : I.A.(Civil) 71/2018 in WP(C) 5298/2017

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1:PRATUL KR. SARMA BARUAH S/O- LT. MANIK CH. BARUAH SUPERINTENDING ENGINEER TEZPUR (MECHANICAL) CIRCLE IRRIGATION DEPTT. TEZPUR

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VERSUS 1:THE STATE OF ASSAM REP. BY THE SECY. IRRIGATION DEPTT. DISPUR GHY- 6

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Page No.# 2/3

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Advocate for the Petitioner : MR. S K GOSWAMI Advocate for the Respondent : SC IRRIGATION

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BEFORE

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HON’BLE MR. JUSTICE HRISHIKESH ROY

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04.04.2018

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Heard Mr. M.K. Choudhury, the learned Sr. counsel appearing for Krishnendu Das, who has filed the WP(C) No.6904/2017. The departmental authorities are represented by Dr. B. Ahmed as the standing counsel for the Irrigation Department. The two private respondents Ramendra Narayan Barman and Naba Kr. Shyam (respondent Nos.5 and 6) are represented by the learned counsel Mr. J. Chutia.

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The 3 contesting litigants are currently serving in the cadre of Superintending Engineer (Mechanical) in the Irrigation Department and today the Court is concerned with the posting of the Addl. Chief Engineer (Mechanical), which is unmanned for last about 8 months. The submission of the counsel reflects that the other aspirant Pratul Kr. Sarma Baruah had superannuated on 28.02.2018 and therefore his dream to retire as the Addl. C.E.(M), remained unfulfilled.

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Dr. B. Ahmed as the learned counsel for the Irrigation Department submits that while the process of regular promotion to the vacant post is pending, the department be permitted to appoint the eligible officer from the feeder cadre as the I/C Addl. Chief Engineer because the absence of the officer is causing difficulties not only for the Irrigation Department, but also in the Assam State Minor Irrigation Development Corporation, which is headed by the Addl. C.E.(M).

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In the above circumstances, the learned Sr. counsel Mr. M.K. Choudhury submits that the two private respondents who joined service in the Irrigation Department much after the petitioner, should not secure any advantage by virtue of their prior promotion to the cadre of Superintending Engineer. For the record, it may be noted that Ramendra Narayan Barman was promoted as Superintending Engineer on 07.10.2016 and Naba Kr. Shyam was similarly promoted on 08.03.2017, whereas the writ petitioner secured promotion a few months later on 09.08.2017.

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Page No.# 3/3

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The earlier promotion of the private respondents may secure them a prior claim for posting as I/C Addl. C.E.(M), but clause (iv) of the Govt. O.M. dated 03.08.2016 reflects that the reserve category aspirant who is a beneficiary of accelerated promotion will not be considered for further promotion, in the same department.

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Be that as it may, as the final determination of inter-se-seniority has not been made with due reference to the above clause (iv) of the O.M. dated 03.08.2016, the liberty is granted to the Secretary to the Govt. of Assam, Department of Irrigation to post an eligible Superintending Engineer as the I/C Addl. Chief Engineer (M) in the Irrigation Department. This temporary arrangement is allowed considering the public exigencies. But this is made subject to the regular promotion, to the post of Addl. Chief Engineer(M).

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Since the writ petitioner Krishnendu Das is scheduled to retire on 31.07.2018, the departmental Secretary should ensure posting of the I/C Addl. Chief Engineer(M) within 4(four) weeks from today. A copy of this order be furnished to Dr. B. Ahmed, for necessary communication. With this order, the I.A.s stand disposed of.

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JUDGE

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Comparing Assistant

Krishnendu Das v. the State of Assam

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Krishnendu Das v. the State of Assam

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