Disposed

Moni Kanta Sinha and Anr. v. the State of Assam and 2 Ors.

Gauhati HC8 Aug 2022WP(C)/328/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of two writ petitions challenging promotion decisions without impleading promoted persons. The court gave a direction that the respondents consider the petitioners' claims in the next promotion process for Senior Grade Computer Operators.

What did the court decide?

Respondents directed to consider petitioners' claims in the next promotion process for Senior Grade Computer Operator.

Moni Kanta Sinha and Anr. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010008982022

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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)/328/2022

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MONI KANTA SINHA AND ANR S/O- LATE RAMA KANTA SINHA, R/O- VILLAGE PATRAGRAM, P.O- KALKALIGHAT, P.S-PATHERKANDI, DIST- KARIMGNJ, ASSAM

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2: ANUP KUMAR SINHA S/O- LATE CHANDMONI SINHA R/O- VILLAGE AMBIKAPUR PART VIII P.O- NEW BHAKATPUR BHAKATPUR ASSA

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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REP. BY THE CHIEF SECRETARY TO THE GOVT, OF ASSAM, DISPUR, GUWAHATI-06

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2:THECOMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM SECRETARIAT ADMINISTRATIVE (ESTT.) DEPARTMENT DISPUR GUWAHATI-06

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3:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM SECRETARIAT ADMINISTRATIVE (ESTT.) DEPARTMENT DISPUR GUWAHATI-0

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Advocate for the Petitioner : MR. A M BARBHUIYA

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/4

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Linked Case : WP(C)/7556/2019

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KOCHEN MOCHAHARY AND 4 ORS. S/O. LT. THEKHREB MOCHAHARY QUARTER NO.VII (M) 34/2 DISPUR CAPITAL COMPLEX P.O. DISPUR P.S. DISPUR GUWAHATI-781006 DIST. KAMRUP (M) ASSAM.

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2: TAPAN SARMA S/O. LT. KASHI NATH SARMA VILL. BONGORA PACHONIAPARA P.O. BONGORA P.S. AZARA GUWAHATI-781015 DIST. KAMRUP (M) ASSAM.

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3: MRIDUL SAIKIA S/O. R/O. HOUSE COMPLEX SIJUBARI HATIGAON P.O. HATIGAON P.S. HATIGAON GUWAHATI-781038 DIST. KAMRUP (M) ASSAM. 4: BINOD DEKA S/O. KARUNA KANTA DEKA VILL. BONGOAN P.O. BONGAON P.S. NALBARI DIST. NALBARI ASSAM PIN-781375.

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5: CHABIN CHANDRA DAS

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S/O. PRAMOD DAS VILL. MIRZA (GOPALPUR) P.O. MIRZA P.S. PALASHBARI DIST. KAMRUP ASSAM PIN-781125. VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06. 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATIVE (ESTT.) DEPTT. DISPUR GUWAHATI-06. 3:THE DY. SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATIVE (ESTT.) DEPTT. DISPUR GUWAHATI-06. -----------Advocate for : MR. D C C PHUKAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 08-08-2022

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Heard Mr. A M Barbhuiya, learned counsel for the petitioners in WP(C)/328/2022 and Mr. D C C Phukan, learned counsel for the petitioners in WP(C)/7556/2019.

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In both the petitions, a promotion made from the cadre of Computer Operator to the next higher cadre of Senior Grade Computer Operator is assailed on the ground that persons junior to the petitioners in the cadre of

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Computer Operator have been promoted ignoring the legitimate claim of the petitioners.

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On a query being put, as to why the persons have not been made the respondents in the writ petitions, it is contended that no claim is made against such persons who were promoted but it is the desire of the petitioners that their cases for promotion be also considered.

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Again, when we put a question that when a post in the promoted cadre had been filled up, in what manner, without impleading the promoted persons, an interference can be made to their promotion and if vacant posts are not available in what manner, a direction can be given to promote the petitioners, a reply given thereof by both Mr. A M Barbhuiya, learned counsel for the petitioners in WP(C)/328/2022 and Mr. D C C Phukan, learned counsel for the petitioners in WP(C)/7556/2019 is that the petitioners would be happy with a direction that in the next promotion process that may be initiated to the cadre of Senior Grade Computer Operator, the claim of the petitioners may be duly considered.

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We accept such statements and accordingly, dispose of both the writ petitions by directing the respondents that whenever the next promotion process is initiated for promotion to the cadre of Senior Grade Computer Operator in the SAD, the claim of the petitioners, be also given a due consideration as per law.

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Both the writ petitions disposed of in the above terms.

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JUDGE

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Comparing Assistant

Moni Kanta Sinha and Anr. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Moni Kanta Sinha and Anr. v. the State of Assam and 2 Ors.

Case brief

What is this about?

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What the court decided

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