The Gauhati High Court disposed of a writ petition regarding complaints of non-holding of regular promotion committees and temporary filling of a vacant post. The court directed authorities to hold the DPC within three months.
Direction to hold DPC for Additional Chief Engineer (Mechanical) within three months in accordance with rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010019552019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 665/2019
1:MAHESH BARKATAKI
S/O. LT. BISHNU DEV BARKATAKI, SUPERINTENDING ENGINEER, GUWAHATI MECHANICAL CIRCLE (IRRIGATION) CHANDMARI, GUWAHATI-03, KAMRUP (M), ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., DISPUR, GUWAHATI-06.
2:THE DY. SECRETARY (E) IRRIGATION DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-06.
3:CHIEF ENGINEER IRRIGATION DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-03.
4:ADDL. CHIEF SECRETARY W.P.T AND B.C. DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-06.
5:DEEPAK MAHANTA SUPERINTENDING ENGINEER
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GUWAHATI ELECTRICAL CIRCLE (IRRIGATION) CHANDMARI GUWAHATI-03
Advocate for the Petitioner : MR. S K GOSWAMI
Advocate for the Respondent : SC, IRRIGATION
BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 13-03-2019
Heard Mr. S.K. Goswami, learned counsel for the petitioner. Also heard Mr. N. Upadhayay, learned Standing Counsel for the Irrigation Department.
ii. The vacancy has been sought to be filled up on temporary basis by a Superintending Engineer belonging another cadre from Electrical Department.
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direction to the respondent authorities to take appropriate steps for holding the DPC for filling up the vacant post of Additional Chief Engineer (Mechanical) on regular basis within a period of three months from today in accordance with the rules as applicable, including by taking into consideration OM dated 03.08.2016 (Annexure-8 to the writ petition) as well as by taking into consideration the decision of the Hon’ble Supreme Court held in S. Panneer Selvam & Ors. Vs. State of Tamil Nadu & Ors., (2015) 10 SCC 292 as well as Binod Kr. Agarwal Vs. State of Assam & Ors., 2018 (3) GLT 168 .
Comparing Assistant
3 issues framed by the court
Whether the respondent authorities have failed to hold regular Departmental Promotion Committee (DPC) for filling the vacant post.
Whether the post should be filled on a temporary basis by a different cadre.
Whether the petitioner should hold the charge of the post temporarily pending DPC.
Mahesh Barkataki
The State of Assam
N. Kotiswar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
