Disposed

Ratan Choudhury v. the State of Assam and 5 Ors.

Gauhati HC2 Mar 2021WP(C)/714/2018

Case brief

AI extract

What is this about?

Petitioner, a Grade-III staff member, sought promotion to Sr. Assistant claiming seniority over candidates promoted under Dhubri district. Court held petitioner must await consideration under South Salmara Mankachar district. Petitioner directed to file representation for promotion within 4 months.

What did the court decide?

Petitioner directed to file representation for promotion before Deputy Commissioner, South Salmara Mankachar, within four months.

Ratan Choudhury Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010020252018

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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)/714/2018

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RATAN CHOUDHURY

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PERMANENT R/O GOURIPUR WARD NO. 3, HARISABHA ROAD, P.O. AND P.S. GOURIPUR

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI

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2:THE DEPUTY COMMISSIONER DHUBRI

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P.O. AND P.S. DHUBRI

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3:THE DEPUTY COMMISSIONER SOUTH SALMARA

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P.O. AND P.S. HATISINGIMARI

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DIST- SOUTH SALMARA MANKACHAR.

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4:THE SUB-DIVISIONAL OFFICER (SADAR) SOUTH SALMARA MANKACHAR HATISINGIMARI P.O. AND P.S. HATISINGIMARI MANKACHAR

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5:THE SUB-DIVISIONAL OFFICER (CIVIL) BILASIPARA BILASIPARA/ HATSINGIMARI

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6:THE CIRCLE OFFICER MANKACHAR REVENUE CIRCLE

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MANKACHAR P.O AND P.S. MANKACHA

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Advocate for the Petitioner : MR. I H SAIKIA

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Advocate for the Respondent : G.A. ASSAM

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BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

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ORDER

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Date : 02-03-2021

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Heard Mr. I.H. Saikia, learned counsel appearing for the petitioner and also heard Mr. N. Goswami, learned Government Advocate appearing for respondent Nos.2,3,4,5 and 6 and Mr. J. Handique, learned counsel appearing for respondent No.1.

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The facts and circumstances leading to the filing of this writ petition briefly stated are as follows:-

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On 8/3/1994 the petitioner was appointed as LDA cum Mouza Asstt and posted at Mankachar Tehsil against a vacancy arising out of promotion of a person to higher post. After having served there for few years he was transferred to the office of SDC(C) Bilasipara of the same district vide order dated 17/12/2004 issued by the Depuity Commissioner, Dhubri. Thereafter, the petitioner was once again transferred back to Mankachar centre vide order dated 29/6/2005 issued by the Deputy Commissioner, Dhubri.

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In the year 2012 vide order No.DPE-5/2004/93 dated 21/4/2012 the service of the petitioner was confirmed. After the confirmation of his service, the petitioner was transferred from Mankachar office to Agomani Tahsil vide order dated 17/7/2014 which was also issued by the Deputy Commissioner Dhubri. In the year 2016 vide order dated 21/16/2016, the Deputy Commissioner, Dhubri notified the

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provisional gradation list of all Grade-III staff under his administration and as per the gradation list, the petitioner’s name was given at Sl. No.74. About 4 months prior to the issuance of the gradation list, Dhubri was bifurcated into two districts i.e. Dhubri district and South Salmara Mankachar district on 9/2/2016. Thereafter on 12/9/2017, based on the recommendation of a selection committee constituted for promotion to Grade-III staff to the post of Sr. Assistant, 13 persons who were placed below the petitioner in the gradation list were promoted to the post of Sr. Assistant under the establishment of Deputy Commissioner, Dhubri. The petitioner is here before this Court praying for promotion to Sr. Assistant from the date his juniors were promoted.

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Mr. I.H. Saikia, learned counsel for the petitioner submitted that since there are 4 posts of Sr. Assistant lying vacant under the establishment of Deputy Commissioner, South Salmara Mankachar district and since the petitioner was placed at the higher position in the seniority list to those persons who were promoted vide order dated 12/9/2017 issued by the Deputy Commissioner, Dhubri, he should be promoted to any of the post lying vacant in South Salmara Mankachar district on the same date.

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The respondent No.2 who is the Deputy Commissioner, Dhubri in his affidavit filed on 27/2/2019 has submitted that since Dhubri district has been bifurcated into 2 districts namely, Dhubri and South Salmara Mankachar districts and the petitioner happens to be under the establishment of the Deputy Commissioner, South Salmara Mankachar district, his case for promotion to higher post has to be considered by the Deputy Commissioner, South Salmara Mankachar.

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Considering the facts and circumstances stated above I am of the view that though the petitioner was placed at higher position in the seniority list than the persons who were promoted by the order dated 12/9/2017, of the Deputy Commissioner Dhubri he is not entitled to claim promotion in that district ahead of those persons who were promoted. His promotion to higher post would depend on his position in the seniority list and the vacancies that may be lying under the establishment of the Deputy Commissioner, South Salmara Mankachar district.

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Therefore, this writ petition is disposed of with a direction that the Deputy

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Commissioner, South Salmara Mankachar district shall constitute a DPC at the earliest and consider the case of the petitioner along with that of the other eligible persons for promotion to the post of Sr. Assistant which are stated to be lying vacant by the petitioner. The whole exercise should be completed within a period of 4 months from the date of receipt of a copy of this order.

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JUDGE

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Comparing Assistant

Ratan Choudhury v. the State of Assam and 5 Ors.

Case brief

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Ratan Choudhury v. the State of Assam and 5 Ors.

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