Petitioner challenged inaction regarding promotion. Court closed writ petition as infructuous due to a subsequent government letter recommending petitioner's elevation to the post of L. D. Asstt. after Selection Committee approval.
Writ petition closed as infructuous; letter seeking promotion approval marked as record.
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GAHC010017092022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/854/2022
NURUL AMIN LASKAR S/O LATE JOWAD ALI LASKAR, RESIDENT OF VILLAGE GOSSAIPUR PART III PO GOSSAIPUR PART III, PS UDHARBOND, DIST CACHAR, ASSAM, 788030
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, CO OPERATION DEPARTMENT, DISPUR, GUWAHATI 06
2:THE REGISTRAR OF CO OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI 781022
3:THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES CACHAR SILCHAR ASSAM
4:THE DISTRICT DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES CACHAR SILCHAR ASSA
Advocate for the Petitioner : MR. J M A CHOUDHURY
Advocate for the Respondent : SC, CO OP
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 09-03-2022
Mr. JMA Choudhury, learned counsel for the petitioners and Ms. M.D. Bora, learned standing counsel for the Cooperation Department submit that the writ petition has become infructuous, in view of the letter No.CE.18/2014/88 dated 08.03.2020 issued by the Additional Registrar of Cooperative Societies (Admn), Assam, which states as follows:
“In inviting a reference to the letter on the subject cited above, I am to say that vide letter under reference you have submitted proposal for filling up of vacant post of L. D. Asstt. by way of promotion among the Grade - IV staff under your establishment.
It is observed from the minutes of the Selection Committee meeting held on 26/10/2021, that the committee has recommended Smti. Sultana Begum Choudhury, Peon and Sri Nurul Amin Laskar, Process Server Peon to be promoted to the post of L. D. Asstt. in conformity with the provision laid down in the Assam Ministerial District Establishment Service Rule, 1967 (Amendment Rule, 2015). The proposed roster points of L. D. Asstt. is found in conformity with the provisions laid down in the Govt. OM No. TAD/BC/68/2011/Pt-1/146 , dated 29/12/2014 . Hence, the minutes of the Selection Committee is hereby approved.
You are, therefore, requested to take necessary steps observing all formalities as per Assam Ministerial District Establishment Service Rule, 1967 and its amendment Rules with review of Government policy on reservation in promotion as per Govt. OM No. TAD/BC/68/2011/Pt-1/207, dated 03/08/2016. The Selection Committee may give promotion to the eligible candidates as per Rules / Orders. Your action in this regard may be intimated to this office.
This has the approval of Registrar of Cooperative Societies, Assam.”
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In view of the submissions made by the learned counsel for the parties, this writ petition is accordingly closed as infructuous.
The letter dated 08.03.2022 is made a part of the record and marked as Annexure-X.
JUDGE
Comparing Assistant
Nurul Amin Laskar
State of Assam
Commissioner and Secretary to the Govt. of Assam, Co Operation Department
Registrar of Cooperative Societies Assam
Assistant Registrar of Cooperative Societies Cachar
District Deputy Registrar of Cooperative Societies Cachar
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
