Allowed

Ratan Kumar Paul and 5 Ors. v. the State of Assam and 2 Ors.

Gauhati HC8 Dec 2021WP(C)/1758/2021

Case brief

AI extract

What is this about?

Writ petition filed by six petitioners challenging the Gradation List of Gaon Panchayat Secretaries, alleging wrong recording of engagement dates which lowered their positions. Court directed respondent to examine the claim and correct the list if errors found, completing the exercise within three months.

What did the court decide?

Petitioner's prayer for correction to the Seniority List is accepted; respondent directed to examine the claim and complete the correction exercise within 3 months.

Ratan Kumar Paul and 5 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010051632021

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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)/1758/2021

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RATAN KUMAR PAUL AND 5 ORS S/O. LT. NARAYAN CHANDRA PAUL, R/O. WARD NO.II, GAURIPUR, P.O. GAURIPUR, DIST. DHUBRI, ASSAM.

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2: RAJIB SAHA S/O. LT. MOHAN LAL SAHA R/O. WARD NO.III GAURIPUR P.O. GAURIPUR DIST. DHUBRI ASSAM.

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3: CHANDRA SHEKHAR RAY S/O. LT. SAJANI KANTA RAY VILL. PURNI P.O. KACHAKHANA DIST. DHUBRI ASSAM.

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4: TAPAN KUMAR SAHA S/O. LT. HARSHA GOPAL SAHA VILL. AND P.O. CHAGALIA DIST. DHUBRI ASSAM. 5: PRASENJIT SEN S/O. LT. GOPAL CHANDRA SEN R/O. WARD NO.III GAURIPUR DIST. DHUBRI ASSAM.

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6: GAGAN PRASAD UPADHYAY S/O. LT. MADAN UPADHYAY

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Page No.# 2/3

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VILL. AND P.O. MANGLAJHORA DIST. KOKRAJHAR BTR ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF SSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GHY.-06. 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPTT. ASSAM GUWAHATI-37. 3:THE ZILLA PARISHAD DHUBRI REP. BY ITS CHIEF EXECUTIVE OFFICER P.O. AND DIST. DHUBRI ASSAM PIN-783101

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Advocate for the Petitioner : MR. M ISLAM

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Advocate for the Respondent : SC, PNRD

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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08.12.2021

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Heard Mr. M. Islam, learned counsel for the petitioners, who submits that due to wrong recording of dates of engagement in the Gradation List of Gaon Panchayat (G.P) Secretaries under the P&RD Department issued vide order dated 01.04.2015, the petitioners’ positions have been made lower than where they should have been actually placed. He accordingly prays that there should be a correction in the Final Gradation List of G.P. Secretaries.

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Mr. M. Nath, learned counsel appearing for the P&RD Department has produced the parawise comments received by him vide letter dated 18.11.2021, issued by the Additional Commissioner, P&RD Department. A reading of paragraph 19 of the parawise comments shows that the respondents will take up the matter of correction of dates of engagement of the petitioners, as and when a fresh Gradation List of the G.P. Secretaries is prepared.

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Page No.# 3/3

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4. Paragraph 19 of the parawise comments is re-produced below :

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“Para 19. As stated in the foregoing paras No.16, 17 above, the statement made by the petitioner is not true and is denied by this respondent. As stated, in the Para 16 above, the total sanction posts of Asstt. BDO (Panchayat) = 370 Nos., out of which 60% posts are filled up by promotion from G.P. Secretaries. Hence, total 222 Nos. G.P. Secretaries have been considered for promotion. The petitioners stated, if their date of engagements is correctly reflected in the gradation list, then their position would be at Sl.258, 261, 262, 266 and 454 in the gradation list which is also appears to be far behind the zone of consideration of promotion, as promotion was considered for 222 Nos. of G.P. Secretaries only. Hence, question of persons junior to the petitioners have been promoted does not arise and providing financial benefits and seniority to the petitioner does not arise at all. However, this respondent will take up the matter of correction of date of engagement of the petitioners as and when the fresh gradation list of G.P. Secretaries will be prepared and after verification and authentication of their documents. Subject to the submission by the petitioners during the period of claim and objection .

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On considering the above, this Court does not find any reason as to why there should be a delay in considering the petitioners’ prayer for correction to the Seniority List, if there is any error in the said Seniority List made due to wrong dates of engagement being reflected therein. In view of the above reasons, this Court is of the view that the examination of the claim of the petitioners, with regard to correction of the date of engagement, should be taken up immediately. Accordingly the respondent no.2 is directed to examine the claim of the petitioners with regard to correction of their dates of engagement and if it is found that the petitioners are to be placed in a higher position that what is reflected in the Final Gradation List dated 01.04.2015, the final decision will be taken by the respondent no.2, only after giving an opportunity of hearing to those persons who would be affected by the change made in the Seniority List. The entire exercise will be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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The writ petition is accordingly disposed of.

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Comparing Assistant

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JUDGE

Ratan Kumar Paul and 5 Ors. v. the State of Assam and 2 Ors.

Case brief

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Ratan Kumar Paul and 5 Ors. v. the State of Assam and 2 Ors.

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