Dibakor Das Vs the State of Assam and 6 Ors.

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GAHC010180852025

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2025:GAU-AS:11976

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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)/4723/2025

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DIBAKOR DAS

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S/O- LATE DR. NIKUNJA BEHARI DAS, DFO (DIVISIONAL FOREST OFFICER), DHEMAJI FOREST DIVISION, LACHIT NAGAR, DHEMAJI, ASSAM, R/O- AASHI NIWAS, C-6, OPP. GURUKUL THE SANSKRIT SCHOOL, BHABANANDA BORO PATH, AHOM GAON, GUWAHATI-35.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF ENVIRONMENTAL AND FOREST, DISPUR, GUWAHATI-06.

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2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF ENVIRONMENTAL AND FOREST DISPUR GUWAHATI-06.

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3:THE SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI-06.

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4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF ENVIRONMENTAL AND FOREST DISPUR GUWAHATI-06.

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5:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF ENVIRONMENTAL AND FOREST DISPUR GUWAHATI-06.

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6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HOF ASSAM

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PANJABARI

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GUWAHATI-37.

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7:THE SECRETARY ASSAM PUBLIC SERVICE COMMISSION KHANAPARA JAWAHARNAGAR GUWAHATI-22

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Advocate for the Petitioner : MR. P K DEKA, MR. I H LASKAR,MR. P DAIMARY,MR. R. KARIM,MS. N M LONGKENG,J MEDHI,R BORAH

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Advocate for the Respondent : GA, ASSAM, SC, APSC,SC, FOREST

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 03.09.2025

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Heard Mr. P.K. Deka, learned counsel for the petitioner; B.N. Goswami, learned Additional Advocate General for respondent nos. 1, 2, 4, 5 & 6; Ms. U. Sharma, learned Junior Government, Assam for the respondent no. 3; and Ms. P. Sharma, learned counsel representing Mr. T.J. Mahanta, learned Senior Counsel & Standing Counsel, APSC for the respondent no. 7.

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The petitioner who is a member of the Assam Forest Service and in presently serving in the rank and post of Divisional Forest Officer [DFO] has approached this Court by the instant writ petition seeking inter alia a direction to the respondent authorities in the Environment and Forest Department to prepare a final gradation list in deference to a direction given by a coordinate Bench of this Court in a Judgment and Order dated 09.04.2024 rendered in a writ petition, W.P.[C.] no. 4948/2020 and three other connected writ petitions. The petitioner has also referred to an Order dated 20.03.2025 passed in a review petition, Review Petition no. 106/2024 preferred by him.

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According to the petitioner, as per the Judgment and Order dated 09.04.2024 read with the Order dated 20.03.2025 in the Review Petition no. 106/2024, the respondent Environment and Forest Department Authorities are required to fix the inter-se seniority of the Forest Rangers of 1989-1991 batch by following the mandate contained in an Office Memorandum dated 11.02.2020, which was reaffirmed by another Office Memorandum dated 20.12.2005, and thereafter, to publish the final gradation list of the Forest Rangers for the relevant period. There is another direction to the effect that the consequential seniority and other service benefits are to be given to the parties involved based on the final gradation list in the promotional post. It has been mentioned that the departmental authorities shall also consider the claim of the parties for promotion to the rank of Deputy Conservator of Forest [DCF] / Divisional Forest Officer [DFO] by taking into account their seniority positions in the feeder cadre. Such exercise was directed to be carried out within a period of three months from the date of receipt of a copy of the said Judgment and Order.

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Seeking implementation of the said directions, the petitioner has stated that he has already submitted a representation before the respondent no. 6 on 11.04.2025 and the receipt of the said representation has been duly acknowledged. As the said representation has not yet been considered, the petitioner is before this Court by the instant writ petition.

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Mr. Goswami, learned Additional Advocate General appearing for the afore-stated respondents has submitted that having regard to the relevant facts and law involved, it has been decided by the Environment and Forest Department to prefer an appeal against the Judgment and Order dated 09.04.2024. The writ appeal is likely to be filed within a short time. It is in view of such subsequent developments, the representation submitted by the petitioner has not been taken on board for consideration and disposal.

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Mr. Deka, learned counsel appearing for the petitioner has submitted that such subsequent developments may not be a bar for the respondent authorities in the Environment and Forest Department to consider and dispose of the representation in accordance with law. Mr. Deka has further submitted that the petitioner has only nine months of service left as he is going to retire on superannuation in May, 2026.

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In view of the above submissions made by the learned counsel for the parties, I am of the considered view that the appeal, which is being contemplated, may not be a bar for the respondent authorities in the Environment and Forest Department to take the representation on board. Considering the fact that the petitioner is waiting for a decision on his inter-se seniority position prior to his retirement on superannuation, this writ petition is disposed of with a direction to the competent authority [the respondent no. 6] in the respondent Environment and Forest Department to take the representation dated 11.04.2025, submitted by the petitioner on board, and thereafter, to consider and dispose of the same by way of a reasoned order within a period of 30 [thirty] days from the date of submission of a certified copy of this order by the petitioner at the office of the respondent no. 6. The competent authority [respondent no. 6] in the respondent Environment and Forest Department shall consider the representation on its own merits and in accordance with law. It is made clear that this Court has not made any observation as regards the merits of the claim of the petitioner.

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With the observation made and direction given above, the writ petition is disposed of. No Cost.

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JUDGE

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Comparing Assistant

Dibakor Das v. the State of Assam and 6 Ors.

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