Disposed

Binod Das v. the State of Assam and 4 Ors.

Gauhati HC2 Mar 2021WP(C)/503/2021

Case brief

AI extract

What is this about?

The petitioner, an Assistant Commandant, sought promotion to a Class-I post. The Court held that he was eligible after over eight years of service in a Class-II post. The Court disposed of the writ petition by directing respondents to consider his promotion claim and pass a speaking order within six weeks.

What did the court decide?

Directing respondent authorities to consider the petitioner's representation for promotion to Class-I post and pass a speaking order within six weeks; disposing of the writ petition.

Binod Das Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010013262021

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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)/503/2021

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BINOD DAS

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S/O- GHANA SHYAM DAS, PERMANENT R/O- PANJABARI, P.O. KHANAPARA, GHY-37, DIST.- KAMRUP (M), ASSAM, AT PRESENT SERVING AS ASSTT. COMMANDANT, 1ST ASRF BN., BARJAR, NALBARI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPTT., DISPUR, GHY-06, DIST.- KAMRUP (M), ASSAM

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2:THE SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPTT. DISPUR GHY-06 DIST.- KAMRUP (M) ASSAM 3:THE ASSAM PUBLIC SERVICE COMMISSION REP. BY ITS CHAIRPERSON JAHAR NAGAR KHANAPARA GHY-06 DIST.- KAMRUP (M) ASSAM

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4:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM GHY BELTOLA GHY-28

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Page No.# 2/3

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DIST.- KAMRUP (M) ASSAM

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5:THE COMMANDANT 1ST ASRF BATTALION BARJAR NALBARI P.O. BORMA DIST.- NALBARI (ASSAM

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Advocate for the Petitioner : MR. B M SHARMA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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02.03.2021

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Heard Mr. B.M. Sharma, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned counsel for the respondent nos.1, 2, 4 and 5 and Mr. K. Konwar, learned counsel for the respondent no.3.

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In view of the submission made by the learned counsel for the petitioner that the petitioner will be satisfied for the time being, if a direction is issued to the respondents to consider the representation submitted by the petitioner on 19.11.2020 for considering promotion to higher post, the present petition is disposed of at this stage without issuing any formal notice to the respondents.

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The petitioner is serving as an Assistant Commandant of Civil Defence & Home Guards, Govt. of Assam, which is a Class-II post. As per the relevant rules, the petitioner is entitled to be considered for promotion to the higher post of Class-I post, having served in this Class-II post for more than 8 years. It has been submitted that as per rules anyone who has completed more than 7 years service in Class-II would be entitled to be considered for promotion to the higher Class-I Grade.

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In view of the above submission made, the present petition is disposed of with the direction to the respondent authorities to consider the claim of the petitioner for promotion to the higher post of Class-I post in terms of the representation submitted by him on 19.11.2020, by issuing a speaking order which exercise shall be under taken by the authorities within a period of six weeks.

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Since the petitioner has submitted the representation to the respondent No.1, who is the competent authority, the respondent No. 1, shall dispose of the representation in terms of the above direction within one month from the date of receipt of a copy of this order, which shall be accompanied with a copy of the writ petition.

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1. The writ petition is disposed of accordingly

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JUDGE

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Comparing Assistant

Binod Das v. the State of Assam and 4 Ors.

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Binod Das v. the State of Assam and 4 Ors.

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