Sri Bhupen Kakati and Anr. Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

Sri Bhupen Kakati and Anr. Vs the State of Assam and 5 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of (closed without issuing notice); respondents directed to look into the objections raised by the petitioners and other similarly situated persons and to publish the final gradation list in terms of Rule 12 of the Assam Panchayat and Rural Development Officers Service Rules, 2013, before taking steps for further promotion to the post of BDO.

Issue for consideration

Whether the draft gradation list for the post of Assistant Block Development Officer (Panchayat) correctly maintains inter se seniority, including preparation of separate gradation lists for the promotee quota and for direct recruits as specified under Rule 12 of the Assam Panchayat and Rural Development Officers Service Rules, 2013, before the authorities proceed to make further promotions to the post of Block Development Officer.

Court's answer

In view of the clear submissions made by the learned Standing Counsel, P&RD on the basis of the written instructions received, the Court held that the writ petition could be closed at that stage without issuing notice.

Ratio / Principle

The respondents are to look into the objections raised by the petitioners and other similarly situated persons and thereafter, in terms of the procedure prescribed under Rule 12, publish the final gradation list and take steps thereafter for further promotion to the next higher post as contemplated.

Detailed headnote1 paragraphs

Service law - Gradation list/seniority - Draft gradation list for the post of Assistant Block Development Officer (Panchayat) challenged on the ground that seniority was not maintained as per rules and that separate gradation lists for the promotee quota and for direct recruits, as mandated under Rule 12 of the Assam Panchayat and Rural Development Officers Service Rules, 2013, had not been prepared; petitioners apprehended further promotion to the post of Block Development Officer without redressal of their objections. Learned Standing Counsel, P&RD, on written instructions, stated that objections received from different Zilla Parishads were under verification and rectification, that the final inter se seniority gradation list would be prepared thereafter, and that no further promotion to the post of BDO would be effected until the final gradation list was published. Holding: writ petition closed at the stage without issuing notice; respondents to consider the objections of the petitioners and other similarly situated persons and publish the final gradation list in terms of Rule 12 before taking steps for further promotion.

Page No.# 1/4

GAHC010022712026

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/815/2026

SRI BHUPEN KAKATI AND ANR

ASST BDO (PANCHAYAT,) KAMALPUR DEVELOPMENT BLOCK, DIST KAMRUP, ASSAM

2: UTPAL GOGOI

ASST BDO PANCHAYAT KAMALPUR DEVELOPMENT BLOCK DIST KAMRUP ASSA

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR, GUWAHATI 781006

2:THE ADDITIONAL CHIEF SECRETARY

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR ASSAM

3:THE SECRETARY

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT GOVT OF ASSAM DISPUR GUWAHATI 781006

4:THE COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI 781037

Page No.# 2/4

5:THE CHIEF EXECUTIVE OFFICER

ZILLA PARISHAD (ALL)

6:JOINT COMMISSIONER

PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI 78103

Advocate for the Petitioner : MS. P S CHAKRABORTY, MR P SARMA,MR D MAHANTA

Advocate for the Respondent : SC, P AND R.D., GA, ASSAM

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

06.03.2026

Heard Mr. D. Mahanta, the learned counsel for the petitioners. Also heard Mr. A.K. Ghosh, learned Standing Counsel, P&RD Department.

2. The petitioners are aggrieved by the draft gradation list published by the Department for the post of Assistant Block Development Officer (Panchayat). According to the writ petitioners the seniority in the said gradation list are not maintained as per the seniority. The petitioners have preferred a representation ventilating their grievances which have not been redressed as on date.

3. The learned counsel for the petitioners submits that since there is no response from the respondent department regarding the objection raised in respect of the position in the draft gradation list there is a strong apprehension that the respondent will proceed to make further promotion to the next higher

Page No.# 3/4

post of Block Development Officer without considering the grievances raised by the writ petitioners. Thereby, the cases of the petitioners may not be considered as their names are below in the draft gradation list. According to the petitioners the procedure prescribed under Rule 12 of the Assam Panchayat and Rural Development Officers Service Rules, 2013 for maintaining separate gradation list for the candidates who fallen into the promotee quota and also separate gradation list for the candidates for the direct recruitment. This has not been done by the Department in spite of the clear mandate in the rules and therefore, the apprehension is expressed that without finalizing the seniority list and without having a separate list as specified in Rule 12 the authorities are likely to proceed for promotion.

4. Mr. A.K. Ghosh, learned Standing Counsel, P&RD Department was earlier permitted to take instructions.

5. Mr. A.K. Ghosh, learned Standing Counsel, P&RD Department on written instructions submits that lot of objections have been received from the different Zilla Parishads in respect of the Gradation List published and these are under verification and rectification and thereafter, final inter se seniority gradation list of Assistant Block Development Officer (Panchayat) will be prepared. The draft gradation list was prepared on the basis of the appointment date in the post of Assistant Block Development Officer (Panchayat).

6. On these instructions the learned Standing Counsel, P&RD submits that once the necessary rectification or verification, wherever required is carried out, the final gradation list will be published and until the final gradation list is

Page No.# 4/4

published further promotion to the next higher post of BDO will not be effected.

7. In view of the clear submissions made by the learned Standing Counsel, P&RD on the basis of the written instructions received, this Court is of the view that the writ petition can be closed at this stage without issuing notice. The respondents will look into the objections raised by the petitioner and other similarly situated persons and thereafter, in terms of the procedure prescribed under Rule 12, the final gradation list be published and steps thereafter, be taken for the further promotion to the next higher post as contemplated.

8. This writ petition is accordingly, disposed of.

JUDGE

Comparing Assistant