Disposed

Abinash Das and Anr. v. the State of Assam and 2 Ors.

Gauhati HC8 Dec 2023WP(C)/4040/2023

Case brief

AI extract

What is this about?

The Gauhati High Court directed the Finance Department to convene a Departmental Promotion Committee meeting within two weeks to consider the petitioners' promotions before petitioner No.1 retires in December 2023, noting the case had been pending since 2021.

What did the court decide?

DPC to convene a meeting within two weeks and communicate decision by 27.12.2023 regarding the petitioner's promotion claim.

Abinash Das and Anr. Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010154672023

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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)/4040/2023

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ABINASH DAS AND ANR.

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S/O LATE ANIL CHANDRA DAS, R/O LAKHIMI NAGAR, HATIGAON, DISPUR, GUWAHATI-781038

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2: RANJAN BORAH S/O LATE KANAKESWAR BORAH R/O GARCHUK GUWAHATI KAMRUP (M) PIN-78103

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VERSUS

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THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6

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2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6

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3:THE COMMISSIONER AND SECRETARY FINANCE (ESTABLISHMENT-B) DEPARTMENT DISPUR GUWAHATI-

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Advocate for the Petitioner : MR. S K GHOSH

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 08-12-2023

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Pursuant to this Court’s order dated 04.12.2023 Mr. B Gogoi, learned standing counsel Finance Department submits that the case of the petitioner for promotion to the next higher grade is under consideration, however, no date for any meeting of the Departmental Promotion Committee (DPC) has yet been finalized.

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Mr. S K Ghosh learned counsel for the petitioner has expressed serious urgency that the petitioner No.1 is going to retire on 31.12.2023 inasmuch as the consideration is pending since 2021 and no DPC has been held.

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Law is by now well settled that right to be considered for promotion is a fundamental right. Therefore, if there are any vacant post of Additional Secretary (Selection Grade) and Director, Senior Grade-I, and if the case of the petitioners are under consideration, the respondent authorities should not be allowed to keep the consideration pending further, which is pending since the year 2021, more particularly, in the given facts that the petitioner No.1 is going to retire on 31.12.2023.

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That being the position, it is directed that the DPC shall convene their meeting within a period of 2 (two) weeks from today i.e., within 25.12.2023 and communicate their decision within 27.12.2023 and in the event the petitioners are entitled for the promotions they are claiming, the same shall be given effect.

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With the aforesaid, the present writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Abinash Das and Anr. v. the State of Assam and 2 Ors.

Case brief

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Abinash Das and Anr. v. the State of Assam and 2 Ors.

Case brief

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