Sri Dandi Ram Kalita and 2 Ors v. The State of Assam and 4 Ors

ORDER

19.07.2024

Heard Shri A.L. Mandal, learned counsel for the petitioners. Also heard Shri A. Chakraborty, learned State Counsel. At the outset, the learned counsel for the petitioners has submitted that though the petition was presented by 3 (three) nos. of petitioners, the petitioner no. 3 has passed away in the meantime and therefore, the existing petition is being pressed for the petitioner nos. 1 & 2 only. It is submitted that the petitioner nos. 1 & 2 were appointed as Constables in the Assam Special Reserve Force Battalion in the year 1990 and 1991 respectively. The said Battalion is under the DIG Civil and Commandant. The grievance of the petitioners in this petition instituted in the year 2016 was not Page No.# 3/3 providing them promotion. It is submitted that the petitioners had obtained the eligibility for such promotion to the next higher rank of Lance Naiks and Naik. The learned counsel has however fairly informed this Court that during the pendency of this case, in the year 2023, his clients were promoted and are presently holding the post of Naik. Though the learned counsel has sought to bring the instance of certain other personnel who were appointed in the Assam Tea Plantation Security Force Battalion and had got promoted, since the petitioners are working under a different entity namely, ASRF Battalion, such comparison may not be relevant. Shri Chakraborty, the learned State Counsel has submitted that by the disclosure made that the petitioners are presently holding the post of Naik indicates that they were given promotions first to the post of Lance Naik and then to the post of Naik. He accordingly submits that the grievances of the petitioners have been redressed. After consideration of the rival submissions, this Court is of the opinion that the principle grievances of the petitioners have been substantially redressed. The writ petition is accordingly disposed of. However, it is observed that the petitioners consideration for further promotion would be made if they are found to be eligible and in accordance with law. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010014122016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2540/2016o SRIoDANDIoRAMoKALITAoando2oORS.o S/OoLT.oSRIKANTAoKALITA,oR/OoTIHUoTOWN,oW/NO.3,oP.O.oandoP.S.oTIHU,o DIST-oNALBARI,oASSAM 2:oRANJIToMACHAHARYo@oMUSAHARI oS/OoCHANDRAKANTAoMACHAHARY oR/OoLECHERA oP.O.oBETHUA oDIST-oBARPETA oASSAM oPIN-781325 3:oJAYoDEBoCHANDRAoRABHA oS/OoTHANESWERoRABHA oR/OoKALJHAR oP.O.oKALJHAR oP.S.oBARAMA oDIST-oBAKSA oASSAM oPIN-78134o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM,o DEPTT.oOFoHOME,oDISPUR,oGHY-6 2:THEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoFINANCE oDISPUR oGHY-6 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM Page No.# 2/3 B.K. KAKATI ROAD ULUBARI GHY-7 4:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM BELTOLA GHY-28 5:THE COMMANDANT THE ASSAM SPECIAL RESERVE FORCE BN. AT BARAMA ASSA Advocate for the Petitioner : MR.A L MANDAL Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI