Neeraj Bharali v. the State of Assam and 2 Ors.
Case brief
What is this about?
Neeraj Bharali v. State of Assam; WP(C)/7297/2013; Gauhati High Court; Justice Devashis Baruah; order dated 07.01.2025; challenge to Assam Administrative Tribunal order dated 20.07.2013 in Appeal Case No.14ATA/2012; sought notional promotion to Additional Chief Inspector of Factories w.e.f. 13.10.2004 with pay and consequential benefits; not recommended at DPC meeting 25.06.2010 due to adverse ACR remarks 2002-2003; second round of litigation after WP(C) No.854/2008 (order dated 02.07.2009 noting adverse ACR remarks 2002-03 and 2005-06 not in consonance with ACR Rules); review DPC refused post-retirement (2012); writs not to be issued in futility; jurisdiction not exercised; writ petition failed and closed/dismissed; Labour and Employment Department; Chief Inspector of Factories, Assam.
What did the court decide?
This Court cannot, at this stage, issue a writ directing a review DPC for consideration of the Petitioner's promotion to the post of Additional Chief Inspector of Factories, as the Petitioner retired as far back as 2012.