The Gauhati High Court disposed of several connected writ petitions concerning retiree promotions as withdrawn by the petitioners without any order pressing the matters.
All writ petitions disposed as withdrawn with liberty to file afresh.
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.# 1/7
GAHC010064082019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2023/2019
ALTAF UDDIN AHMED
SON OF LATE NASIRUDDIN AHMED, ADDITIONAL CHIEF ENGINEER, EASTERN ZONE, DIBRUGARH, ASSAM, PIN- 786001.
VERSUS
THE STATE OF ASSAM AND 4 ORS. REP. BY THE SECRETARY, TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT, ASSAM, DISPUR, ASSAM- 781006.
2:THE COMMISSIONER AND SPECIAL SECRETARY
TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT PWRD ASSAM DISPUR GUWAHATI ASSAM- 781006.
3:THE COMMISSIONER AND SPECIAL SECRETARY
TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT PW (B AND NH) D ASSAM DISPUR GUWAHATI ASSAM-781006.
4:THE PRINCIPAL SECRETARY
Page No.# 2/7
TO THE GOVT. OF ASSAM DEPARTMENT OF WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DISPUR ASSAM PIN- 781006.
5:PABAN TERANG ADDITIONAL CHIEF ENGINEER PWD HILLS DIPHU ASSAM PIN- 782460
Advocate for the Petitioner : MR. B C DAS
Advocate for the Respondent : GA, ASSAM
WITH
WP(C)/2891/2019
UTPAL DAS S/O LT. BHRIGUMALLA DAS R/O FLAT NO. C-1 DONA PRESIDENCY VIP ROAD SIXMILE P.O. KHANAPARA GUWAHATI-22 DIST.-KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE SECRETARY GOVT. OF ASSAM PUBLIC WORKS DEPPTT (PWRD) DISPUR GUWAHATI-06
Page No.# 3/7
2:COMMISSIONER AND SPECIAL SECRETARY GOVT. OF ASSAM PUBLIC WORKS DEPTT. (ROADS) DISPUR GUWAHATI-06 3:COMMISSIONER AND SPECIAL SECRETARY GOVT. OF ASSAM PWD(B AND NH) DISPUR GUWAHATI-06 4:PRINCIPAL SECRETARY GOVT. OF ASSAM DEPTT. OF WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DISPUR GUWAHATI-06 5:PABAN TERANG OSD/CHIEF ENGINEER (CIVI) PWD ASSAM DISPUR GUWAHATI-06 6:ALTAF UDDIN AHMED ADDITIONAL CHIEF ENGINEER PWD EASTERN ZONE DIBRUGARH ASSAM PIN-786001 7:RAMESWAR BASUMATARY S/O LT SUNAM CH BASUMATARY ADDLL. CHIEF BENGINEER(CIVIL) (C) PWD (R AND B) HILLS HAFLONG R/O 236 VIP ROAD PATHARQUARY GUWAHATI-781171 -----------Advocate for : MR. S K GOSWAMI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS. WITH WP(C)/4565/2019
Page No.# 4/7
ALTAF UDDIN AHMED S/O. LT. NASIRUDDIN AHMED ADDL. CHIEF ENGINEER EASTERN ZONE DIBRUGARH ASSAM PIN-786001. VERSUS THE STATE OF ASSAM AND 8 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT. PWRD ASSAM DISPUR GUWAHATI-781006. 2:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT. PWRD ASSAM DISPUR GUWAHATI-781006. 3:THE COMM. AND SPECIAL SECY. TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT. PWD (B AND NH) ASSAM DISPUR GUWAHATI ASSAM-781006. 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES DISPUR ASSAM PIN-781006. 5:PABAN TERANG OSD/CHIEF ENGINEER (CIVIL) PWD ASSAM DISPUR GUWAHATI-781006. 6:RAMESHWAR BASUMATARY
Page No.# 5/7
ADDL. CHIEF ENGINEER (CIVIL) (C) PWD (R AND B) HILLS HAFLONG ASSAM. 7:DELETED VIDE ORDER DATED 28.06.2019 RAJESH KEMPRAI COMMISSIONER AND SPL. SECY. TO THE GOVT. OF ASSAM PWRD DISPUR GUWAHATI-781006. 8:THE COMMISSIONER W.P.T. AND B.C. DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-22. 9:CHAIRMAN/MEMBERS STATE LEVEL SELECTION BOARD REP. BY THE COMM. AND SPL. SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT. DISPUR GUWAHATI ASSAM-781006. -----------Advocate for : MR. M CHANDA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS.
WITH
WP(C)/5730/2019 UTPAL DAS S/O-LATE BHRIGU MALLA DAS R/O- FLAT NO. C-1 DONA PRESIDENCY VIP ROAD SIX MILE P.O- KHANAPARA GUWAHATI- 22 DIST- KAMRUP(M) ASSAM
Page No.# 6/7
VERSUS STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECRETARY GOVT OF ASSAM DISPUR GUWHATI- 06 2:THE COMMISSIONER AND SPECIAL SECRETARY GOVT OF ASSAM PWD(ROADS) DISPUR GUWAHATI- 06 3:COMMISSIONER AND SPECIAL SECRETARY GOVT OF ASSAM PWD(B AND NH) DISPUR GUWAHATI- 06 4:COMMISSIONER AND SECRETARY WPT AND BC DEPTT GOVT OF ASSAM DISPUR GUWAHATI- 06 5:SECRETARY PERSONNEL DEPTT GOVT OF ASSAM DISPUR GUWAHATI- 6 6:PABAN TERANG OSD/CHIEF ENGINEER (CIVIL) PWD ASSAM DISPUR GUWAHATI- 06 7:RAMESWAR BASUMATARY S/O- LATE SUNAM CHANDRA BASUMATARY ADDITIONAL CHIEF ENGINEER (CIVIL) PWD(R AND B)HILLS HAFLONG R/O- H NO. 236 VIP ROAD PATHAR QUARY GUWAHATI ASSAM -----------Advocate for : MR. S K GOSWAMI
Page No.# 7/7
Advocate for : GA ASSAM appearing for STATE OF ASSAM AND 6 ORS
BEFORE
HONOURABLE MR. JUSTICE K. SEMA
ORDER
28.04.2022
Heard Mr. S. Choudhury, learned counsel for the petitioner in WP (C) No. 2023/2019 and WP (C) No. 4565/2019. Also heard Mr. S. K. Goswami, learned counsel for the petitioner in WP (C) No. 2891/2019 and WP (C) No. 5730/2019 and Mr. D. Nath, learned Standing Counsel, PWD in all the writ petitions as well as Ms. S. Kemprai, learned counsel on behalf of Mr. J. Chutia for respondent No. 5 in WP (C) No. 4565/2019, WP (C) No. 2891/2019 and WP (C) No. 2023/2019.
Learned counsel for the petitioner submits that all the petitioners in the writ petition has got their promotions and also retired from service.
In that view of the matter, learned counsel for the petitioner submits that he has instructions not to press the matter.
All the writ petitions are accordingly disposed as withdrawn with liberty to file afresh.
JUDGE
Comparing Assistant
Altaf Uddin Ahmed
Utpal Das
State of Assam
Secretary to the Govt. of Assam, Public Works Department
K. Sema
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
