A writ petition regarding the petitioner's posting in a newly created promoted post was dismissed as it did not affect his official status and was not shown to be arbitrary or mala-fide.
The writ petition stood dismissed without any order as to cost.
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GAHC010170942020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5102/2020
MUKUTA KRO
S/O- LT. ORANG KRO, R/O- MADHGHARIA, PATHOR QUARY, P.O. UDAYAN BIHAR, DIST.- KAMRUP (M), JUNIOR ASSTT., IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES, ASSAM, HENGRABARI, GHY-36
VERSUS
THE STATE OF ASSAM AND 2 ORS REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR AND GHY-6
2:DIRECTOR HEALTH SERVICES ASSAM HENGRABARI GHY-36
3:THE CHAIRMAN
DEPARTMENTAL PROMOTION COMMITTEE OFFICE OF THE DIRECTORATE OF HEALTH SERVICES OF ASSAM HENGRABARI GHY-3
Advocate for the Petitioner : MR B KAKATI
Advocate for the Respondent : SC, HEALTH
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BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
Date : 04.12.2020
Heard Mr. B. Kakati, learned counsel for the petitioner as well as Mr. D. P. Borah, learned counsel representing all the respondents.
Having regard to the facts of the case, this writ petition is taken up for final disposal at the Motion stage itself.
Not in dispute is that the petitioner was promoted to the post of Senior Assistant by order dated 22.10.2020. By the same order, and having regard to the fact that a post of Senior Assistant has been newly created in the district of South Salmara, the petitioner was posted at the said place. Clearly, the petitioner has been so posted at South Salmara in the promoted post. It is seen that if the petitioner, for any reason, is reluctant to go to South Salmara, it would also mean that he would have to forego his promotion to the post of Senior Assistant. Certainly, the petitioner would not be agreeable to this position. It is also seen that his posting on promotion at South Salmara is not by way of affecting his official status and career prospects, namely, seniority, pay scale and secured emoluments. No material is also placed that his posting at South Salmara is arbitrary or mala-fide or contrary to any statutory Rules.
Having regard to the observations above, I find no merit in this writ petition. The same stands dismissed, however, without any order as to cost.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the posting of the petitioner in the promoted post of Senior Assistant to South Salmara was arbitrary or mala-fide.
Whether the petitioner is entitled to relist the promotion matter by refusing to accept the posted location.
Mukuta Kro
The State of Assam
Manojit Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
