Allowed

Dhuni Raj Joshi v. the State of Assam and 5 Ors.

Gauhati HC22 Sept 2022WP(C)/3773/2021

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a writ petition filed by a Forest Ranger aggrieved over non-promotion while juniors received the same benefit. Lifting a sealed cover order due to absence of pending departmental proceedings, the Court directed the department to implement the promotion decision favorably.

What did the court decide?

Directed the respondents to give effect to the Selection Committee's decision for the petitioner's promotion and ensure benefits are granted without prejudice within one month.

Dhuni Raj Joshi Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010111002021

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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)/3773/2021

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DHUNI RAJ JOSHI

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S/O LATE N.P JOSHI, RESIDENT OF VILLAGE SONITPUR CHARIDUAR, PO AND PS CHARIDUAR, DIST SONITPUR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS.

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REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, ENVIRONMENT AND FORESTS DEPARTMENT, DISPUR, GUWAHATI 06

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FORESTS DEPT. DISPUR GUWAHATI 06

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3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI 06

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4:THE CHIEF CONSERVATOR OF FORESTS

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DIMA HASAO DISTRICT ASSAM HAFLONG

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5:THE DIVISIONAL FOREST OFFICER

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SOUTHERN AFFORESTATION DIVISION HAFLONG

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Page No.# 2/4

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ASSAM

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6:THE DEPARTMENTAL PROMOTION COMMITTEE

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HEADED BY CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI 0

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Advocate for the Petitioner : MR. J I BORBHUIYA

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Advocate for the Respondent : SC, FOREST

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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22.09.2022

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Heard Mr. JI Borbhuiya, learned counsel for the petitioner. Also heard Mr. D Gogoi, learned counsel for the respondents in the Forest Department, Government of Assam.

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The petitioner, Dhuni Raj Joshi having been appointed as a Forest Ranger in the Environment and Forest Department, Government of Assam in the 198991 batch by way of direct recruitment is aggrieved to the extent that although persons junior to him have been promoted to the next higher post of Assistant Conservator of Forest, the petitioner has not been given the same benefit.

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The respondents in the Environment and Forest Department refers to the minutes of the Selection Committee held on 16.02.2021 and submits that the petitioner was not given the benefit of promotion as the Selection Committee had made an observation that the claim of the petitioner for promotion be kept

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in a sealed cover till finalization of departmental proceeding. In the circumstance, a question arose as to whether any departmental proceeding is pending against the petitioner. Accordingly by our earlier order dated 20.09.2022, we required the respondents in the Environment and Forest Department, to provide the relevant material before the Court which may indicate the drawal of a departmental proceeding against the petitioner Dhuni Raj Joshi.

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Mr. D Gogoi, learned counsel for the Environment and Forest Department upon instruction states that no departmental proceeding at present is pending against the writ petitioner, Dhuni Raj Joshi.

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The concept of keeping in a sealed cover of a decision by the departmental promotion committee as regards promotion finds place in paragraph 26 of the proposition of law laid down by the Supreme Court in Union of India Vs. KV Jankiraman reported in (1991) 4 SCC 109. The concept of being kept in a sealed cover is that if there is a departmental proceeding pending against a particular official and otherwise that official is entitled to be considered for promotion, in such case, the claim for promotion ought to be considered by the departmental promotion committee, but the decision be kept in a sealed cover till finalization of the departmental proceeding and thereafter, the same be given effect, as per the procedure and requirement provided in paragraph 26 of the aforesaid pronouncement.

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In the instant case, as the factual depiction is that there is no pending

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departmental proceeding against the petitioner, in our view, consideration of the petitioner for promotion from the post of Forest Ranger to the post of Assistant Conservator of Forest by the Selection Committee in its meeting dated 16.02.2021 could not have been kept in a sealed cover. Accordingly, the respondents in the Environment and Forest Department are directed to give effect to the decision of the Selection Committee in respect of the claim of the petitioner for promotion from Forest Ranger to Assistant Conservator of Forest as may have been decided by the Selection Committee in its meeting dated 16.02.2021 and if the decision of the Selection Committee is in favour of the petitioner for being promoted, the benefits that the petitioner may be entitled be given with such effect that he is not prejudiced in comparison with the other similarly situated persons or persons junior to him who have been promoted pursuant to the same selection process.

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The above requirement be done within a period of one month from the date of receipt of a certified copy of this order.

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Writ petition stands allowed in the above terms.

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JUDGE

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Comparing Assistant

Dhuni Raj Joshi v. the State of Assam and 5 Ors.

Case brief

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Dhuni Raj Joshi v. the State of Assam and 5 Ors.

Case brief

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