Disposed

Jyoti Prasad Das v. the State of Assam and 2 Ors.

Gauhati HC4 Feb 2020WP(C)/9549/2019

Case brief

AI extract

What is this about?

The petitioner, an Assistant Engineer, filed a writ petition for non-implementation of his promotion resolution. The court disposed of the matter at the motion stage, directing the TMB Chairman to decide the pending representation within a specified timeframe.

What did the court decide?

The writ petition was disposed of directing the Chairman of TMB to dispose of the petitioner's representation dated 02.08.2019 on or before 31.03.2020 with a reasoned order.

Jyoti Prasad Das Vs the State of Assam and 2 Ors. — Service and Employment | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010318162019

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

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Case No. : WP(C) 9549/2019

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1:JYOTI PRASAD DAS

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(ASSISTANT ENGINEER, TINSUKIA MUNICIPAL BOARD), S/O- TARUN CHANDRA DAS, R/O- BORDUBI NAVAPUR GAON, P.O- HOOGRIJAN, P.S. TINSUKIA, DIST- TINSUKIA, PIN- 786125, ASSAM.

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VERSUS

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1:THE STATE OF ASSAM AND 2 ORS.

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BEING REP. BY THE SECY. TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., ASSAM SECRETARIAT, DISPUR, GHY.- 06, ASSAM.

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2:THE DIRECTOR MUNICIPAL ADMINISTRATION DEPTT. RUKMINI NAGAR GHY.- 781022.

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3:THE CHAIRMAN TINSUKIA MUNICIPAL BOARD DIST.- TINSUKIA PIN- 786126 ASSAM

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Advocate for the Petitioner : MR. A R SHOME Advocate for the Respondent : GA, ASSAM

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BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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04-02-2020

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Heard Mr. A. R. Shome, learned counsel for the petitioner and Mr. D. Nath, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1 and 2. Also heard Mr. M. Smith, learned Standing counsel, Tinsukia Municipal Board (TMB) for the respondent No.3.

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Petitioner, namely, Sri Jyoti Prasad Das is presently serving as an Assistant Engineer in Tinsukia Municipal Board (TMB), who was initially engaged in April-1990 as Town Overseer in the Municipality Office, (PWD Department) of Tinsukia and by order dated 15.11.1991 the TMB regularised his service as Town Overseer. By order dated 25.09.2001, the said Municipality Board promoted the petitioner to the post of Assistant Engineer w.e.f. 01.09.2001. The post of Assistant Executive Engineer in the said Municipality Board is lying vacant since February, 2014 on the death of the then Assistant Executive Engineer, Dipak Gohain. After the death of said Mr. Gohain, the Municipal Authority of the Tinsukia entrusted all the charges of Assistant Executive Engineer to the petitioner. On 11.08.2014 the TMB took a resolution to promote the petitioner to the post of Assistant Executive Engineer. However, till date the respondent Municipal Board had not acted upon it.

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Being aggrieved with the same, the petitioner submitted a representation before the Chairman of TMB on 02.08.2019 (Annexure-13) and the same is still pending for disposal.

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As the respondent Municipal Board did not act on his representation and is sitting over the matter, being aggrieved with such inaction, the petitioner has preferred this writ petition.

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Mr. Shome, learned counsel for the petitioner by placing the communication of the Urban Development Department of the State dated 23.12.2015 (Annexure-12) submitted that the concerned Department have clarified that as per Section 50 of the Assam Municipal Act, 1956, the power of pay and establishment is vested on the Board and the Board at a meeting may determine from time to time and appoint in the establishment persons to be employed

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by it and may fix the salaries and allowances to be paid to such establishment.

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Mr. Shome further submitted that in terms of the same, it is the TMB who is required to take necessary action in terms of its said Resolution dated 11.08.2014 to promote the petitioner to the post of Assistant Executive Engineer of the TMB, for which he has the requisite eligibility.

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Mr. Smith, learned counsel for the respondent TMB on instruction submitted that the representation of the petitioner dated 02.08.2019 is still pending before the Chairman of the Tinsukia Municipal Board for his necessary consideration.

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Considering the entire aspect of the matter, this writ petition is disposed of at the motion stage itself directing the respondent No.3 Chairman of the TMB to dispose of the representation of the petitioner dated 02.08.2019 on or before 31.03.2020 with a reasoned order intimating the petitioner about the outcome of his said representation.

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Petitioner shall furnish a certified copy of this order along with a copy of his said representation dated 02.08.2019 (Annexure-13) before the Chairman of the Tinsukia Municipal Board and shall obtain necessary acknowledgment in that regard from the said authority.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Jyoti Prasad Das v. the State of Assam and 2 Ors.

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Jyoti Prasad Das v. the State of Assam and 2 Ors.

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