Habib Ali v. The State of Assam and 2 Ors

ORDER

16.02.2024.

¶1Heard Mr. D. Kalita, learned counsel for the petitioner. Also heard Mr. N. J. Gogoi, learned counsel representing the Marketing Board and Ms. G. Bora, learned counsel representing the Agricultural Department.

¶2The petitioner who is an employee under Assam State Agricultural Marketing Board established in exercise of power under Section 3 of Assam Agricultural Produce Market Act, 1972. It is the case of the petitioner that he was engaged as LDA on 01.07.2000 under Karimganj District Regulated Market Committee and by virtue of his seniority, he was entitled for promotion to the next higher grade of Marketing Inspector under the Assam State Agricultural Marketing Board. However, according to the petitioner, ignoring his case, two other LDAs junior to the petitioner, were promoted to the post of Marketing Inspector on 30.01.2016 pursuant to an order passed by this Court on 15.06.2007 in WP(C) No. 2921/2007. The order of promotion issued in favour of the other two LDAs is not under challenge.

¶3The case of the petitioner is that a vacancy of Marketing Inspector is still there and the case of the petitioner is required to be considered against the said vacancy.

¶4In the aforesaid backdrop, the learned counsel for the petitioner submits that the case of the petitioner may be directed to be considered for promotion in terms of Service Rule governing the field. Page No.# 3/3

¶5Mr. N. J. Gogoi, learned counsel representing the Marketing Board submits that he will have no objection, if the writ petition is disposed of for consideration of the case of the petitioner in terms of the rules governing the field.

¶6Ms. G. Bora, learned counsel representing the Agricultural Department has also expressed her no objection to such a course of action.

¶7In view of the consensus at the bar and taking note of the principle of law that right of consideration for promotion is a valuable right, the instant writ petition stands disposed of directing the respondent No. 2 to consider the case of the petitioner for promotion to the next higher grade if he is within the zone of consideration as per the extant norms/rules and vacancy exists.

¶8The petitioner shall be at liberty to file a representation before the respondent No. 2 within a period of three weeks from today. In the event, such representation is filed before the respondent No. 2, same be considered in terms of the present order within a period of four weeks thereafter.

¶9The determination made be intimated to the petitioner.

¶10This writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010025402017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3350/2017o HABIBoALIo S/OoLATEoTAIMUSoALI,oR/OoSETTLEMENToA.R.C.oROAD,oWARDoNO.1,oPO- SETTLEMENT,oDIST.oKARIMGANJ,oASSAM,oPIN-788712 VERSUSo THEoSTATEoOFoASSAMoando2oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o AGRICULTUREoDEPTT.,oHAVINGoHISoOFFICEoAToDISPUR,oGUWAHATI- 781006,oDIST.oKAMRUPoMETRO,oASSAM 2:THEoASSAMoSTATEoAGRICULTURALoMARKETINGoBOARD oREP.oBYoITSoCHIEFoEXECUTIVEoOFFICER oHAVINGoHISoOFFICEoAToRAMoKRISHNAoMISSIONoROAD oULUBARI oGUWAHATI-781007.oDIST.oKAMRUPoMETRO oASSAM 3:THEoBOHARIHAToREGULATEDoMARKEToCOMMITTEE oREP.oBYoITSoSECRETARY oHAVINGoITSoOFFICEoAToBOHARI oDIST.oBARPETA oASSAo AdvocateoforotheoPetitionerooooo:oMRGoPoBHOWMIKo AdvocateoforotheoRespondento:oSC.oAGRICULTURE oo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY