Remanded

Dilip Kumar Das v. the State of Assam and 4 Ors.

Gauhati HC4 Nov 2022WP(C)/6875/2017

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged non-promotion due to unavailable ACRs. The Court directed the respondents to consider the case under a review DPC within two months as no fault was found with the petitioner for the missing documents. The petition was disposed of with this direction.

What did the court decide?

Respondents directed to place petitioner's case for promotion to Assistant Engineer (Civil) before a review DPC within two months.

Dilip Kumar Das Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/4

¶2

GAHC010147162017

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/6875/2017

¶5

DILIP KUMAR DAS

¶6

S/O LT. ASWINI KUMAR DAS JUNIOR ENGINEER SR. GRADE OFFICE OF THE SUPERINTENDING ENGINEER P.W.D., GUWAHATI N.H. CIRCLE, GUWAHATI -3, DIST.KAMRUP M, ASSAM R/O HIYA APARTMENT 3-D OPP. ASSAM FOREST SCHOOL, P.O. GAUHATI UNIVERSITY, P.S. JALUKBARI DIST. KAMRUP M, ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM and 4 ORS.

¶9

REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, P.W.D. BUILDING and N.H. DISPUR, GUWAHATI -6.

¶10

2:THE UNDER SECRETRY

¶11

TO THE GOVT. OF ASSAM

¶12

P.W.R.D EAST BRANCH DISPUR GUWAHATI-6.

¶13

3:THE DEPUTY SECRETARY

¶14

TOT EH GOVT. OF ASSAM PWRD EAST-B BRANCH DISPUR GUWAHATI-6.

¶15

4:THE CHIEF ENGINEER PWD N.H. WORKS/BUILDING ASSAM CHANDMARI GUWAHATI-03.

¶16

5:THE SUPERINTENDING ENGINEER

¶17

Page No.# 2/4

¶18

P.W.D. GUWAHATI N.H. CIRLCE DIST. KAMRUP

¶19

Advocate for the Petitioner : MR.B P SINHA

¶20

Advocate for the Respondent : MR. R DHAR (SC, PWD)

¶21

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

¶22

ORDER

¶23

Date : 04-11-2022

¶24

Heard Mr. B.P. Sinha, learned counsel for the petitioner, who submits that the petitioner is aggrieved with non-consideration of his promotion from the post of Junior Engineer (Civil) to the post of Assistant Engineer (Civil) in the DPC meeting, which culminated with the impugned Notification dated 17.01.2017, promoting the juniors of the petitioner to the post of Assistant Engineer (Civil).

¶25

2. The petitioner’s case is that the petitioner was not considered for promotion along with his juniors, on the ground that the ACRs of the petitioner were not available.

¶26

3. The petitioner’s counsel submits that the petitioner’s ACRs were available at the relevant point of time and that the respondents were at fault, in not placing the petitioner’s ACRs before the concerned DPC, for its consideration. He accordingly prays that a review DPC should be held, to consider the case of the petitioner, for promotion of the petitioner from the date when his juniors were promoted to the post of Assistant Engineer (Civil), with all consequential benefits.

¶27

Page No.# 3/4

¶28

4. Mr. A. Sarma, learned counsel for all the respondents has submitted a letter No. RBEB.04/2021/53 dated 05.07.2021 issued by the Deputy Secretary to the Govt. of Assam, I/C Public Works (Roads) Department, Estt-B Branch, Dispur, which states that the petitioner’s case is to be placed before the next Selection Board Meeting as a special case. He according submits that the writ petition can be closed, in terms of the letter dated 05.07.2021.

¶29

5. The letter dated 05.07.2021 referred to above, states as follows:-

¶30

“Sub: W.P.(C) No. 6875/2017 (Dilip Kr. Das -VS- State of Assam & 3 Ors.)

¶31

Sir,

¶32

With reference to the subject cited above, I am directed to inform you that the candidature of Shi Dilip Kr. Das, JE(C) was not given promotion by the selection Board Meeting held on 23-12-2016 to the next higher rank i.e, Assistant Engineer (Civil) due to non availability of ACRs for the year 201415 & 2015-16. The petitioner, however states that the Chief Engineer, PWD (NH Works) has submitted the sought for ACRs to the Commissioner & Spl. Secretary, PWD (B&NH) Department which was again forwarded to PWRD for taking necessary action. However, the ACRs were not received in this department due to certain anomalies during that period. The ACRs were submitted by the concerned authority and the APSC as has also opined in a similar case in the Selection Board meeting held on 1-02-2020 for promotion on the basis of 'subject to submission of ACR", the candidature of the petitioner will be placed in the next Selection Board Meeting as a special case in this regard.

¶33

The above may please be apprised to the Hon'ble Court.

¶34

This is for favour of your kind information and necessary action”.

¶35

Page No.# 4/4

¶36

The letter dated 05.07.2021 is made a part of the record and marked as Annexure-‘X’.

¶37

6. A perusal of the above letter dated 05.07.2021 shows that the petitioner was not considered by the DPC for promotion to the post of Assistant Engineer (Civil) along with his juniors, as the ACRs were not received by the Department due to some anomalies. There is nothing in the above letter to show that the anomalies were due to the fault of the petitioner. As such, the petitioner cannot be faulted or made to suffer for non-placing of his ACRs with the DPC, at the time of consideration of promotion of his juniors to the post of Assistant Engineer (Civil).

¶38

7. In view of the letter dated 05.07.2021 referred to above, the respondents are directed to place the case of the petitioner, for consideration for promotion to the post of Assistant Engineer (Civil) before a review DPC, within a period of 2 (two) months from the date of receipt of a certified copy of this order.

¶39

8. The review DPC/Selection Board Meeting and the State Government shall thereafter pass necessary orders by following the next below rule and take a decision with regard to the consequential benefits to be given to the petitioner, if the petitioner is promoted.

¶40

9. The writ petition is accordingly disposed of.

¶41

JUDGE

¶42

Comparing Assistant

Dilip Kumar Das v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Dilip Kumar Das v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Case details

Similar cases

The Director Animal Husbandry and Veterinary Deptt. Assam Vs Rahul Amin Mazarbhuiya and 3 Ors.

The Director Animal Husbandry and Veterinary Deptt. Assam Vs Rahul Amin Mazarbhuiya and 3 Ors.

Bijuli Das Vs the Union of India and 10 Ors.

Pradip Namasudra Vs the State Bank of India and 4 Ors.

Somela Khatun Vs the State of Assam and 6 Ors.

Babita Tanti Saikia Vs the State of Assam and 3 Ors.