The writ appeal filed by an employee challenging a Single Judge order allowing grievance submission in a promotion dispute was dismissed in limine. The Court held the appeal was totally misconceived as the order did not affect service conditions or deprive the appellant of any service benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010064202022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/133/2022
HEMA PROVA MEDHI D/O LATE BHOGNATH MEDHI
RESIDENT OF PUB TUPAKUCHI, PO AND PS RAHA, DIST NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CULTURAL AFFAIRS, DISPUR GUWAHATI 06
2:THE DIRECTOR OF MUSEUMS ASSAM GUWAHATI 782001
3:GAUTAM KUMAR SHARMA S/O LATE PRABHAT CH. DEV SHARMA RESIDENT OF KALIPUR CHAKRESWAR ROAD (RIVER SIDE) GUWAHATI 781009 DIST KAMRUP M ASSA
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : GA, ASSAM
Page No.# 2/3
BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 18-04-2022 Sudhanshu Dhulia, C.J.
Heard Mr. M.U. Mahmud, learned counsel for the appellant. Also heard Ms. M Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.1 and 2.
The writ appellant before this Court was the respondent before the learned Single Judge in WP(C) No.2936/2016 which was filed by the writ petitioner (present respondent No.3) seeking promotion to the post of Cataloguing Officer in the Directorate of Assam State Museum. The learned Single Judge vide order dated 13.12.2021 disposed of the writ petition by giving liberty to the writ petitioner to submit a representation to the Directorate of Assam State Museum, Guwahati, expressing his grievance. By the said order, direction was given to the authorities to pass appropriate orders. The order dated 13.12.2021 has been put to challenge by the writ appellant before this Court.
We fail to understand as to how the present appellant is aggrieved by the impugned order. The order of the learned Single Judge in no manner affects the service conditions or takes away any kind of service benefits which have been given to the writ appellant. Under these circumstances, we are of the considered view that this writ appeal is totally misconceived and hence, the same is dismissed in limine.
We make it very clear that dismissal of the writ appeal will not come in the
Page No.# 3/3
way of the appellant if he has a genuine grievance relating to his service conditions.
JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether the dismissal of the writ petition affecting service conditions without taking away benefits justifies a writ appeal.
Whether the present writ appeal is misconceived and liable to be dismissed in limine.
Hema Prova Medhi
The State of Assam
Gautam Kumar Sharma
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
