The Gauhati Court dismissed a writ petition challenging the petitioner's posting to Biswanath after his promotion to Senior Assistant, ruling that the posting did not affect official status and lacked arbitrariness.
Writ petition dismissed without order as to cost.
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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GAHC010170952020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5164/2020
CHINTAMONI DAS
S/O- HALIRAM DAS, R/O- QTR. NO. 260, HEALTH COMPLEX, NEAR PHC, P.O. HENGRABARI, DIST.- KAMRUP (M), JUNIOR ASSTT., IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES, ASSAM, HENGRABARI, GHY-36
VERSUS
THE STATE OF ASSAM AND 23 ORS
REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., DISPUR, GHY-6
2:DIRECTOR HEALTH SERVICES ASSAM HENGRABARI GHY-36
3:CHAIRPERSON DEPARTMENTAL PROMOTION COMMITTEE OFFICE OF THE DIRECTORATE OF HEALTH SERVICES OF ASSAM HENGRABARI GHY-36
4:NILAMONI DAS SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM
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HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 5:NABAJYOTI DEKA SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 6:MOON MOON DEKA SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 7:SONJU DEORI SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 8:RABIN SINHA SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM
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HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 9:DHARANI DHAR KALITA SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 10:HITESH KALITA SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 11:DILIP KUMAR BORA SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 12:PARUL KALITA
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SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 13:MRIDUL BAISHYA SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 14:BINITA TAID SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 15:MD. MOINUL HOQUE SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI
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GHY-36 PUBLIC HEALTH COMPLEX 16:SUKIL BARMAN SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 17:KARTIK KUMAR DAS SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 18:KUSHAL KAKATI SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 19:MD. HAFIZ ALI SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI
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GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 20:MADHUSMITA DEY SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 21:DWIPEN INGTI SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 22:MINU DEVI SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 23:BHAGAWAN PATOARY SR. ASSTT.
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PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLEX 24:PRADIP KUMAR SR. ASSTT. PRESENTLY WORKING AS NEWLY PROMOTED SENIOR ASSTT. IN THE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 AND THERBY THEIR CORRESPONDING ADDRESS WILL BE OFFICE OF THE DIRECTOR OF HEALTH SERVICES ASSAM HENGRABARI GHY-36 PUBLIC HEALTH COMPLE
Advocate for the Petitioner : MR B KAKATI
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
09.12.2020
Heard Mr. B. Kakati, learned counsel for the petitioner as well as Ms. D. Borah, learned counsel representing respondent nos. 1, 2 and 3.
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
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Senior Assistant has been newly created in the district of Biswanath, the petitioner was posted at the said place. Clearly, the petitioner has been so posted at Biswanath in the promoted post. It is seen that if the petitioner, for any reason, is reluctant to go to Biswanath, 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 Biswanath 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 Biswanath 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
1 issue framed by the court
Whether a writ petition regarding posting to a newly created post after promotion deserves any relief.
CHINTAMONI DAS
THE STATE OF ASSAM AND 23 ORS
MANOJIT BHUYAN
As recorded by the court registry
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