Allowed

Assam PWD Engineers Service Association v. the State of Assam and 7 Ors.

Gauhati HC9 Jun 2022I.A.(Civil)/1088/2021

Case brief

AI extract

What is this about?

In IA (Civil) No.1088/2021, the Gauhati High Court allowed the applicant, an engineers' association, to be impleaded as respondent No.8 in a writ petition challenging a promotion order. The court held that since an earlier Civil Appeal by the writ petitioner was decided by the Apex Court, the association should be a party, though this impleadment is not to be treated as a precedent.

What did the court decide?

The applicant association was impleaded as respondent No.8 in WP(C) No.3021/2021, and the cause title was directed to be corrected.

Assam PWD Engineers Service Association Vs the State… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010109342021

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

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Case No. : I.A.(Civil)/1088/2021

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ASSAM PWD ENGINEERS SERVICE ASSOCIATION REP. BY ITS GENERAL SECRETARY SRI HITEN KALITA SON OF LATE UPENDRA CH KALITA AGE ABOUT 55 YEARS R/O- 1E ORNATE ENCLAVE AUGUST KRANTI PATH BELTOLA GHY-28

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VERSUS

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THE STATE OF ASSAM AND 7 ORS. REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS DEPARTMENT DISPUR GHY-6 2:THE COMMISSIONER AND SPECIAL SECRETARY PUBLIC WORKS (BLDG. AND NH) DEPARTMENT DISPUR GUWAHATI-6 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS DEPARTMENT DISPUR GUWAHATI-6 4:THE SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6

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5:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS ROADS DEPARTMENT DISPUR GUWAHATI-6 6:THE CHIEF ENGINEER PUBLIC WORKS (ROADS) DEPARTMENT CHANDMARI GUWAHATI-3 7:THE CHIEF ENGINEER PUBLIC WORKS (BUILDING AND NH) DEPARTMENT CHANDMARI GUWAHATI-3 8:DEBAJIT DAS S/O- LATE DHARANI DHAR DAS H. NO-1 ELORA PATH BY-LANE OF AJANTA PATH SURVEY BELTOLA GHY-28 -----------Advocate for : MR. A PHUKAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS.

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 09.06.2022

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Heard Mr. A. Phukan, learned counsel for the applicant. Also heard Mr. U. K. Nair, learned senior counsel for the writ petitioner and Mr. D. Mazumdar, learned Additional Advocate General, Assam.

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The applicant is the Assam PWD Engineers Service Association, which comprises of the Engineers working in the PWD Department, Govt. of Assam.

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He submits that as the issue with regard to the WP (C) No. 3021/2021 pertains to the petitioner’s prayer to set aside and quash the impugned order dated 27.04.2021 and thereby restore him in the ex-cadre post of EE and subsequent, encadrement in the post of Executive

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Engineer w.e.f. 01.02.2018, the applicants should be impleaded, as the seniority position of the members of the applicant association is going to be effected. Further, the members of the applicant Association were information givers to the Govt., with regard to the manner in which the writ petitioner had been given undue promotion to the post of Executive Engineer and Superintendent Engineer. He also submits that the petitioners had filed a Civil Appeal before the Apex Court in respect of the issues pertaining to this case in the earlier round of litigation and the Apex Court had also decided the case, while not disturbing the applicant as a party to the issues raised therein.

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Mr. U. K. Nair, learned senior counsel objects to the applicant being impleaded, on the ground that only the members of the Applicant Association, could have approached this Court as parties.

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On considering the fact that the applicant’s Civil Appeal had been decided by the Apex Court alongwith other cases with regard to the promotion of the writ petitioner to the Excadre post of EE, subsequent encadrement to the post of EE and promotion to the post of SE, this Court is of the view that the applicant should be made a party in this case. However, this impleadment should not be treated as a precedent, as in normal circumstances, only affected persons can approach a Court.

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Accordingly, in the peculiar facts and circumstances of the case, the applicant is impleaded as respondent no. 8.

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Registry is directed to make necessary correction to the cause title in WP(C) No. 3021/2021.

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I.A. is accordingly disposed of.

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JUDGE

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Comparing Assistant

Assam PWD Engineers Service Association v. the State of Assam and 7 Ors.

Case brief

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Assam PWD Engineers Service Association v. the State of Assam and 7 Ors.

Case brief

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