Kamal Chandra Das Vs the State of Assam and 2 Ors.

“(A) A Writ of Mandamus and/or certiorari or any other appropriate writ, order or direction should not be issued setting aside the impugned notification ECF No. 258864/03 dated 31.12.2022 (Annexure-4) and impugned order dated 27.01.2023 (Annexure-6);

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(B) directing and/or commanding the respondent No. 1 to consider promotion of the petitioner to the post of Senior Inspector of Boilers;

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(C) directing and/ or commanding the respondent No. 1 to allow the petitioner to serve as officiating/ ad-hoc Chief Inspector of Boilers, Assam till the post of Chief Inspector of Boilers, Assam is filled up on regular basis.”

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Page No.# 3/6

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A perusal of the reliefs prayed for by the petitioner would go to reveal that he had

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also sought for a direction upon the respondent authorities to consider his case for promotion to the post of Senior Inspector of Boilers.

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On the earlier dates of listing Mr. S. Nath, learned counsel for the petitioner by referring to the materials brought on record had submitted that the post of Senior Inspector of Boilers, were lying vacant in the establishment, however, inspite of repeated requests made, the authorities had not proceeded to initiate steps for filling up the post of Senior Inspector Boilers. Mr. Nath had further raised a grievance with regard to the action, on the part of the respondent authority, in permitting the respondent No. 3, herein, who was also, at the relevant point of time, an incumbent in the cadre of Inspector of Boilers to hold the charge of the Chief Inspector of Boilers without considering the case of the petitioner, herein, for the same.

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Considering the said situation, this Court had required Mr. N. Nath, learned Sr. Govt. Advocate, Assam to apprise this Court as to why the promotions to the vacant posts in the cadre of Senior Inspector of Boilers, existing in the establishment of the Chief Inspector of Boilers, were not being filled up. Although, initially a submission was advanced that the rules holding the field, i.e. the “Assam Boilers Service Class-I Rules, 1975” was being reconsidered and a new rule was being contemplated to be formulated in the matter regulating the service condition of the officials of the establishment of the Chief Inspector of Boilers, however, subsequently, Mr. Nath, on instruction, had submitted that the respondent authority would carry forward selection process strictly in accordance with the provisions of the Rules of 1975.

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Page No.# 4/6

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This Court vide order dated 20-08-2025, noticing the said submission of Mr. Nath had granted liberty to the respondents to take the matter with regard to promotion of the eligible incumbents to the cadre of Senior Inspector of Boilers to its logical conclusion.

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Today, when the matter was called up, Mr. Nath has placed on record a notification dated 12-09-2025, issued by the Labour Welfare Department, promoting the incumbents whose names have been set out therein, including the petitioner and the respondent No. 3, herein, to the post of Senior Inspector of Boilers.

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Mr. S. Nath and Mr. P. Mahanta, learned counsel appearing for the petitioner and the respondent No. 3 respectively have submitted that in terms of the said notification dated 12-09-2025, they would be assuming the charge of the promotional post. In view of the issuance of the order dated 12-09-2025, the grievance of the petitioner of not being considered for promotion to the cadre of Senior Inspector of Boilers, stands redressed.

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Mr. Nath, at this stage, submits that his grievance for being given the charge of the post of Chief Inspector of Boilers have not been redressed by the respondent authorities.

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He submits that the earlier arrangements as made with the respondent No. 3, as the InCharge Chief Inspector of Boilers would now require to be reconsidered, on the petitioner, respondent No. 3 and other incumbents in the cadre of Inspector of Boilers, being promoted to the cadre of Senior Inspector of Boilers.

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In view of the above position and the respondents also being now required to take

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a decision with regard to the person who would hold the charge of the post of Chief

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Page No.# 5/6

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Inspector of Boilers, before the same is so filled up on regular basis, this Court requires the petitioner, herein, to submit a detailed representation before the Addl. Chief Secretary to the Govt. of Assam, Labour & Welfare Department, staking, therein, a claim to be allowed to hold the charge of the post of Chief Inspector of Boilers till the said post is so filled up on regular basis. The respondent No. 3 as well as the other incumbents in the cadre of Senior Inspector of Boilers, are also at liberty to submit individual applications staking their respective claim for holding the charge of the post of Chief Inspector of Boilers. On receipt of such representations, the Addl. Chief Secretary to the Govt. Assam, Labour & Welfare Department shall consider the same and pass appropriate order(s) towards allowing the eligible incumbent so found, to hold the charge of the post of Chief Inspector of Boilers.

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The said exercise be so completed within a period of 01 (one) month from the date of receipt of a representation from the petitioner and other incumbents in the cadre of Senior Inspector of Boilers. Till the said exercise is so carried out, the present arrangement made with the respondent No. 3 as the In-Charge, Chief Inspector of Boilers, shall be permitted to be continued and will stands superseded with the order(s) that would now be passed by the Addl. Chief Secretary to the Govt. of Assam, Labour & Welfare Department in pursuance to the exercise required to be carried out as above.

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As the promotions have now been effected to the cadre of Senior Inspector of Boilers, which is the feeder cadre for promotion to the post of Chief Inspector of Boilers, this Court provides that in would be open to the respondent authorities to take appropriate decision for considering the case of the incumbents in the cadre of Senior

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Page No.# 6/6

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Inspector of Boiler for promotion on regular basis to the cadre of Chief Inspector of

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Boilers, if required by invoking the provisions of Rule 29 of the said Rules of 1975.

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With the above observation and direction, present writ petition stands disposed of.

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The copy of the notification dated 12-09-2025 along with the agenda and the minutes of the Selection Committee meeting as furnished by Mr. D. Nath, is kept on record and marked as ‘X’ for the purpose of identification.

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JUDGE

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Comparing Assistant

Kamal Chandra Das v. the State of Assam and 2 Ors.

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Kamal Chandra Das v. the State of Assam and 2 Ors.

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