Dismissed

Dilip Kalita and 1 Ors. v. the State of Assam and 2 Ors.

Gauhati HC12 Sept 2022WP(C)/1049/2022

Case brief

AI extract

What is this about?

Writ petition seeking direction for promotion of Upper Division Assistants to Licence Officer was closed as a live issue since one petitioner had already been promoted based on DPC recommendations while the other petitioner's case was duly considered but not recommended for promotion within the same exercise.

What did the court decide?

The writ petition was closed as there was no live issue to determine; no other relief was granted.

Dilip Kalita and 1 Ors. Vs the State of Assam and 2… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010025192022

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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)/1049/2022

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DILIP KALITA AND 1 ORS S/O LATE NIDHI RAM KALITA R/O UJANBAZAR STEAMER GHAT, OPPOSITE HANUMAN MANDIR, M.G. ROAD, P.O UJANBAZAR, P.S. LATASIL DIST. KAMRUP (M), ASSAM PIN-781001, PHONE NO. 9864101225

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2: SRI HIRANYA KUMAR DAS S/O MANAMOHAN DAS R/O VILL- CHENGA P.O. CHENGA P.S. TARABARI DIST. BARPETA ASSAM PIN-781305 PHONE NO. 8822015983

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, P.O. AND P.S. DISPUR, GUWAHATI-781006.

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2:THE GUWAHATI MUNICIPAL CORPORATION

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GUWAHATI P.O. AND P.S. PANBAZAR GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781001

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3:THE COMMISSIONER

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GUWAHATI MUNICIPAL CORPORATION GUWAHATI P.O. AND P.S. PANBAZAR GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781001

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4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM

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GUWAHATI DEVELOPMENT DEPARTMENT D BLOCK 2ND FLOOR JANATA BHAWAN DISPUR GUWAHATI ASSAM PIN - 781006

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Advocate for the Petitioner : MR K PUJARI

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Advocate for the Respondent : SC, HOUSING AND URBAN AFFAIRS

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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12.09.2022

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Heard Mr. K. Pujari, learned counsel for the petitioners and Mr. S. Bora, learned Standing Counsel, Gauhati Municipal Corporation [GMC] for all the respondents.

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The instant writ petition under Article 226 of the Constitution of India was instituted on 08.02.2022 initially on behalf of three writ petitioners with the similar prayer for a direction to the respondents authorities to consider the cases of all the petitioners for promotion to the next higher post like Licence Officer from the post of Upper Division Assistant in which they were working at that time.

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Page No.# 3/4

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During the pendency of the writ petition, the petitioner no. 2 expired on 29.04.2022 and by an order dated 26.05.2022, the name of the petitioner no. 2 has been struck off from the array of petitioners.

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Mr. Bora, learned Standing Counsel, GMC has placed on record an order dated 23.08.2022 passed by the respondent no. 3, whereby, a total of fifty-two nos. of employees of the respondent GMC, working in the post of Upper Division Assistant and Assistant Tax Superintendant, have been promoted to the vacant posts, mentioned in the order, in the PayBand of Rs. 14,000/- – 49,000/- with Grade Pay of Rs. 8,000/- plus other allowances as admissible w.e.f. the date of their joining. In the order, it is reflected that the promotions of those fifty-two nos. of employees of the GMC were recommended by the Departmental Promotion Committee [‘the DPC’, for short] in its Meeting held on 20.07.2022 and were approved by the respondent no. 3 on 09.08.2022.

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In the list of fifty-two nos. of employees, the name of the petitioner no. 1 has figured at serial no. 29 and therefore, by the order dated 23.08.2022, the petitioner no. 1 has already been promoted to the post of Licence Officer.

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Mr. Bora has submitted, on instructions, that in the Meeting of the DPC held on 20.07.2022, the case of the petitioner no. 2 came up for consideration for promotion and his name was at serial no. 66 in the list of employees who were included in the zone of consideration. It is, thus, his submission that the case of the petitioner no. 2 was also considered for promotion in the same promotional exercise, but the case of the petitioner no. 2 was not recommended for promotion by the DPC.

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The writ petition, as indicated above, has been preferred for a direction to the respondent authorities in the GMC to consider the cases of the petitioners for promotion to the next higher post like Licence Officer. The cases of the petitioner no. 1 and the petitioner no. 2 had already been considered by the DPC in its Meeting dated 20.07.2022 and on the basis of recommendations of the DPC only, the petitioner no. 1 had been promoted by the order dated 23.08.2022. The DPC did not recommend the case of the petitioner no. 2 for promotion

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after consideration. In such obtaining fact situation, this Court of the view that no live issue has survived in the writ petition for further consideration. Accordingly, this writ petition stands closed.

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If the petitioner no. 2 is aggrieved due to his non promotion, he is at liberty to take recourse to such remedy as permitted under the law.

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JUDGE

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Comparing Assistant

Dilip Kalita and 1 Ors. v. the State of Assam and 2 Ors.

Case brief

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Dilip Kalita and 1 Ors. v. the State of Assam and 2 Ors.

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