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Safiqul Islam Mamud and 2 Ors. v. the State of Assam and 2 Ors.

Gauhati HC16 Jun 2022WP(C)/86/2016

Case brief

AI extract

What is this about?

Writ petition by Junior Engineers seeking promotion to Assistant Engineer under Assam Engineering Service Rules. Court directed respondent authorities to consider their cases for promotion along with other eligible candidates within 8 weeks.

What did the court decide?

Respondent authorities directed to consider petitioners' cases for promotion to Assistant Engineer along with other eligible persons within 8 weeks.

Safiqul Islam Mamud and 2 Ors. Vs the State… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010104392016

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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)/86/2016

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SAFIQUL ISLAM MAMUD and 2 ORS S/O- ABDUR REZZAQUE, R/O- RONGAGARA, HUZ, NAGAON- 782002, ASSAM.

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2: ASHRAF UDDIN AHMED S/O- LT. ABDUS SARWAR R/O VILL. and P.O.- KAKRIPARA MANCACHAR DIST.- DHUBRI- 783131 ASSAM.

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3: ROUF AHMED MAMUD S/O- LT. ABDUR RASHID R/O VILL.- MADHUPUR DIST.- NAGAON- 782003 ASSAM

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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REP. BY THE COMMISSIONER and SPECIAL SECY. TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPTT. ROADS, DISPUR, GHY- 6.

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2:THE SECRETARY GOVT. OF ASSAM PUBLIC WORKS DEPTT. DISPUR GHY- 6.

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3:THE CHIEF ENGINEER P.W.D. ROADS CHANDMARI GHY- 3

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Advocate for the Petitioner : Mr. A. Sarma

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Advocate for the Respondent : Mr. P. Nayak

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 16-06-2022

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Heard Mr. A. Sarma, learned counsel for the petitioners. Also heard Mr. P. Nayak, learned standing counsel, PWD, Government of Assam.

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The petitioners, altogether 3(three) in nos., who are stated to be working as Junior Engineers in the Department of Public Works, Government of Assam, since 1994, 1996 and 2003, respectively, have filed this writ petition seeking promotion to the next higher post of Assistant Engineer(AE) in accordance with the provisions of Rule 11(4) of the Assam Engineering(Public Works Department) Service Rules, 1978.

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Though this writ petition was filed in the year 2016, no counter affidavit has been filed by the respondent authorities as yet.

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Since the prayer made by the petitioners in this case, are limited to the consideration of their cases for promotion to the next higher post of Assistant Engineer(AE) in accordance with the Rules, referred to hereinabove, and the right to be considered for promotion to the next higher post, subject to eligibility and suitability of the candidates as provided under the Rules, is a fundamental

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right; I, therefore, deem it proper to dispose of this writ petition by directing the respondent authorities to consider the cases of the petitioners for promotion to the next higher post of Assistant Engineer(AE) from the post of Junior Engineer(JE) in the Department of Public Works, Government of Assam, in accordance with the Rules, governing the promotion to the post of Assistant Engineer(AE) along with other similarly situated eligible persons serving in the said Department which shall be completed by the respondent authorities within a period of 8(eight) weeks from the date of receipt of a certified copy of this order, strictly, in accordance with law. It is hereby ordered accordingly.

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With the above direction, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Safiqul Islam Mamud and 2 Ors. v. the State of Assam and 2 Ors.

Case brief

What is this about?

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Safiqul Islam Mamud and 2 Ors. v. the State of Assam and 2 Ors.

Case brief

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