Jonaki Das Vs the State of Assam and 3 Ors.

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GAHC010192612024

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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)/4817/2024

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JONAKI DAS

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W/O- LATE PROMOD CH. DEKA, SENIOR ASSISTANT, THE OFFICE OF THE DIRECTOR OF INFORMATION AND PUBLIC RELATIONS, ASSAM, R/OHOUSE NO. 21, BORSAJAI, BIKASH NAGAR, NARANARAYAN PATH, P.S. BASISTHA, P.O. BELTOLA, GUWAHATI-781028, DIST. KAMRUP(M), ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, INFORMATION, PUBLIC RELATIONS, PRINTING AND STATIONARY DEPARTMENT, ASSAM, DISPUR, GHY-781006, DIST. KAMRUP(M), ASSAM

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-781006 DIST. KAMRUP(M) ASSAM

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3:THE DIRECTOR OF INFORMATION AND PUBLIC RELATIONS ASSAM DISPUR GUWAHATI-781006 DIST- KAMRUP(M) ASSAM

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4:HAREN KUMAR SARMA @ HAREN SARMA SENIOR ASSISTANT THE OFFICE OF THE DIRECTOR OF INFORMATION AND PUBLIC RELATIONS

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ASSAM DISPUR GUWAHATI-781006 DIST. KAMRUP(M) ASSA

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Advocate for the Petitioner : MR. N N B CHOUDHURY, MR. A A BARMAN

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Advocate for the Respondent : GA, ASSAM, MS. J BATHARISA(R-4),MR D K ROY (R-4),MR P NAYAK,MR. T C CHUTIA

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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11.06.2025

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Heard Mr. N.N.B. Choudhury, learned counsel appears for the petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate appears for State of Assam and Mr. D.K. Roy, learned counsel appears for the respondent no. 4.

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The petitioner is presently serving as Senior Assistant (earlier designated as Upper Division Assistant) in the Office of the Director of Information and Public Relations, Assam.

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The grievance of the petitioner is that the private respondent No. 4, whose name appears in the Senior Gradation List, superannuated on 31.03.2025. Thereafter, the petitioner being the senior-most officer in the cadre is entitled to be considered for the next higher promotion to the post of Superintendent, for which sufficient vacancies exist.

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The petitioner is aggrieved by the fact that although private respondent No. 4 superannuated on 31.03.2025, he was granted an extension of service for

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one year, with the revised date of superannuation being 31.03.2026. The petitioner contends that despite being the senior-most officer after the original superannuation date of respondent No. 4, her claim for promotion is being overlooked on the ground of the extended service granted to respondent No. 4.

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Under such circumstances, the petitioner approaches this Court seeking a direction to the respondents to take necessary steps for initiating the process of promotion to the next higher post of Superintendent in the Office of the Director of Information and Public Relations Department.

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Mr. T.C. Chutia, on the other hand, submits that this petition is filed solely on the basis of apprehension that private respondent No. 4 may claim promotion to the next higher post.

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Mr. D.K. Roy, learned counsel appearing for respondent No. 4, submits that notwithstanding the one-year extension of service granted to his client, respondent No. 4 does not wish to claim any further promotion.

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Having heard the learned counsel for the parties, it is seen that the petitioner’s service was extended by office order dated 25.04.2025, whereby the petitioner’s date of superannuation was extended to 31.03.2026 instead of the original retirement date of 31.03.2025.

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A perusal of Fundamental Rule 56 along with Note 5 makes it clear that persons who are serving on an extension of their provisional service are not entitled to claim further promotion in the cadre. Furthermore, Mr. D.K. Roy, learned counsel for respondent No. 4 has made a statement on instructions that private respondent No. 4 does not desire to claim promotion to the next higher post.

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In view of the foregoing, this Court is of the considered opinion that the writ petition can be disposed of with a direction to the respondent authorities to undertake the process of initiating the promotion of the petitioner and other eligible candidates in accordance with the provisions of the prescribed rules. The respondents are directed to take all necessary steps to initiate the process for promotion of the writ petitioner along with other eligible candidates to the next higher post of Superintendent in the Office of the Director of Information and Public Relations, Government of Assam.

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Let this exercise be completed expeditiously, as the petitioner will superannuate on 01.08.2025. The respondents shall endeavor to initiate the promotion process within four weeks from the date of receipt of the certified copy of this order.

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The writ petition accordingly disposed.

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Interim orders if any stands merged.

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Pending IAs are also disposed.

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JUDGE

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Comparing Assistant

Jonaki Das v. the State of Assam and 3 Ors.

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Jonaki Das v. the State of Assam and 3 Ors.

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