The Gauhati High Court allowed a writ petition filed by a Grade-IV employee seeking promotion to a Grade-III post under Rule 6(b) of the Assam Ministerial District Establishment Service Rules, 1967, based on his qualifications and seniority.
The Writ Petition stands allowed.
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.
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GAHC010129712020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3831/2020
RASHIDUL ISLAM S/O LATE EASIN ALI,
R/O VILLAGE BHERAGAON, PO JAHURPAM, BARPETA ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF MINISTERIAL DISTRICT ESTABLISHMENT, DISPUR GUWAHATI 781006
2:THE DEPUTY COMMISSIONER BARPETA ASSAM
3:THE ADDITIONAL DEPUTY COMMISSIONER BARPETA ASSAM
4:DISTRICT LEVEL SELECTION COMMITTEE
FOR THE POST OF JUNIOR ASSISTANT UNDER MINISTERIAL DISTRICT ESTABLISHMENT ASSA
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT & ORDER (ORAL)
Date : 06-08-2022
Heard Mr. M U Ahmed, learned counsel for the petitioner. Also heard Mr. J K Goswami, learned Additional Senior Government Advocate for the respondents.
“6(b) By selection on the basis of seniority-cum-merit from amongst Grade IV staffs of the district establishment concerned who have passed the [High School Leaving Certificate] or equivalent examination and have rendered at least 7 years of continuous service in the district establishment on the first day of the year in which selection is made.”
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increased to a qualification of graduation.
Writ petition stands allowed as indicated above.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner is eligible for promotion to a Grade-III post under Rule 6(b) of the Assam Ministerial District Establishment Service Rule, 1967, by virtue of being a Grade-IV employee with req
If eligible posts exist for promotion within the vacant positions, whether the petitioner is entitled to be considered alongside other eligible Grade-IV employees.
Whether the Writ Petitioner claiming promotion benefits concerning Grade-IV to Grade-III promotion should succeed.
1 provisions across 1 enactments
RASHIDUL ISLAM S/O LATE EASIN ALI
THE STATE OF ASSAM AND 3 ORS.
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
