Disposed

Roopa Dewanji v. the State of Assam and 3 Ors.

Gauhati HC15 Mar 2023WP(C)/1389/2023

Case brief

AI extract

What is this about?

In a writ petition concerning non-consideration for promotion, the Gauhati High Court directed respondents to consider the petitioner's case in the next DPC meeting subject to fulfillment of eligibility norms, distinguishing from the Dilip Talukdar judgment on personal posts.

What did the court decide?

Directing respondents to consider petitioner's case for promotion in the next DPC meeting subject to fulfillment of eligibility norms.

Roopa Dewanji Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010053322023

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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)/1389/2023

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ROOPA DEWANJI

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WIFE OF MANOJ DEWANJI, R/O- SUNANDA ENCLAVE, FLAT NO. 53A, CLUB ROAD, NEAR HARIMA MANDIR, SILCHAR, DISTRICT- CACHAR, ASSAM, PIN- 788001.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, INLAND WATER TRANSPORT DEPARTMENT, DISPUR- 781006.

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2:THE COMMISSIONER OF TRANSPORT GOVERNMENT OF ASSAM PARIBAHAN BHAWAN JOWAHAR NAGAR

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KHANAPARA

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GUWAHATI- 781022.

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3:THE DIRECTOR INDLAND WATER TRANSPORT DEPARTMENT ULUBARI GUWAHATI- 07.

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4:THE EXECUTIVE ENGINEER INLAND WATER TRANSPORT DIVISION SILCHAR- 788003

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Advocate for the Petitioner : MR B D DAS

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Page No.# 2/3

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Advocate for the Respondent : SC, IWT

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 15-03-2023

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Heard Mr. B.D. Das, learned Sr. counsel assisted by Ms. B.B. Hussain, learned counsel for the writ petitioner.

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Aggrieved by non-consideration of his case for promotion, the petitioner has approached this Court by filing the instant writ petition.

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Ms. M.D. Borah, learned Govt. Advocate, Assam submits that in cases where the post against which the person is appointed is personal, no promotional benefit can be given in view of the law laid down by this Court in the case of Dilip Talukdar & 21 Ors. Vs. State of Assam , reported in 2017 (2) GLT 135 .

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Refuting such contention and while denying that it is case of personal post Mr. Das submits that even if the stand of the Govt. Advocate is accepted, even then, the Govt. will be bound to consider the case of the petitioner for promotion as per Rules. In support of his submission the learned Sr. Counsel has handed over a copy of the order dated 10-03-

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2023 passed by this Court in W.P.(C) No. 550/2023.

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At this stage, Ms. Bora submits that the petitioner’s case can be considered, in accordance with law, but the same would not confer any right upon her for promotion.

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Page No.# 3/3

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After taking note of the submissions of the learned counsel for the parties, this writ

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petition is being disposed of by providing that the respondents may consider the case of the petitioner for promotion, in accordance with law, in the next DPC meeting, subject to her fulfilment of the eligibility norms.

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If the petitioner is found to be eligible to be promoted, her case would be considered, in accordance with law.

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With the above observation, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Roopa Dewanji v. the State of Assam and 3 Ors.

Case brief

What is this about?

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Roopa Dewanji v. the State of Assam and 3 Ors.

Case brief

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