Rupjyoti Bhuyan v. The State of Assam and 3 Ors

O R D E R

23.02.2024

Heard Mr. M.K. Choudhury, learned Senior counsel, assisted by Mr. B. Borah, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Additional Senior Government Advocate, Assam for all the respondents.

¶2The petitioner along with nine others was initially appointed on recommendation of the APSC as Junior Engineer (Civil) under the Public Works Department, Assam by a Notification dated 29.09.2005. Thereafter, the petitioner applied for study leave for pursuing the course of B. Tech (Civil) which was permitted by a Notification dated 25.10.2017. Thereafter, the petitioner completed his B. Tech in the year 2020. The petitioner accordingly made a representation for promotion to the post of Assistant Engineer in terms of Rule 11 of the Assam Engineering (Public Works Department) Service Rules, 1978. Consequently, by Notification dated 24.05.2022, the petitioner was promoted and allowed to officiate as Assistant Engineer (Civil), PWD.

¶3Grievance of the petitioner is that his promotion to the post of Assistant Engineer (Civil), PWD should be with retrospective effect, i.e., with effect from

09.11.2020 on which date he applied for promotion. To that effect, the petitioner has also made a representation dated 29.06.2023 addressed to the Special Commissioner and Special Secretary to the Government of Assam, PWD/respondent No.2. The said representation is yet to be considered and disposed of till date. Page No.# 3/3

¶4Accordingly, this writ petition is disposed of directing the respondent No.2 to consider and dispose of the representation dated 29.06.2023 made by the petitioner as per Assam Engineering (Public Works Department) Service Rules, 1978and in accordance with law within a period of two months from the date of receipt of the copy of the order of this Court.

¶5With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010024982024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/670/2024o RUPJYOTIoBHUYANo SONoOFoLATEoJ.N.oBHUYAN,oRESIDENToOFoTARAZAN,oD.C.B.oROAD,oP.O.o ANDoP.S.oJORHAT,oASSAM,oPIN-o785001 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oASSAMoSECRETARIAT,oDISPUR,oGUWAHATI-o781006,oASSAM 2:THEoSPECIALoCOMMISSIONERoANDoSPECIALoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oPUBLICoWORKSoDEPARTMENT oDISPUR oGUWAHATI-o781006 oASSAM 3:THEoSECRETARY oPUBLICoWORKSo(ROADS)oDEPARTMENT oGOVERNMENToOFoASSAM oDISPUR oGUWAHATI-o781006 oASSAM 4:THEoDEPUTYoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPUBLICoWORKSo(ROADS)oDEPARTMENT oESTABLISHMENT-BoBRANCH oDISPUR-o781006 oASSAo AdvocateoforotheoPetitionerooooo:oMR.oMoKoCHOUDHURYo Page No.# 2/3 Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR