Mukut Bania and Anr v. The State of Assam and 4 Ors

O R D E R

30.08.2023.

Heard Mr. B.K. Das, learned counsel for the petitioners. Also heard Mr. J.K. Goswami, learned Addl. Govt. Advocate appearing for the respondent Nos.1—3 and Mr. B. Gogoi, learned counsel appearing for the respondent No.5.

¶2This writ petition has been filed with the following prayers: "(i) to admit this petition,

(ii) Issue notice upon that respondents and call for the records,

(iii) to issue a writ in the nature of Certiorari by setting aside the impugned promotion order dated 20.11.2019,

(iv) to set aside the promotion order dated 20.11.2019, in respect of the respondent Nos.4 and 5 to the post of Senior Assistant issued by the Deputy Inspector General (A), Assam Police Head Quarters, Ulubari, Guwahati.

(v) to issue a writ in the nature of Mandamus directing the Respondents to consider the case of the petitioners for promotion to the post of Senior Assistant, Assam Police Head Quarters, Assam and/or may pass such order/orders as may deem fit and proper." Page No.# 3/4

¶3The grievances of the petitioners are that they are senior to the private respondent Nos.4 & 5, in the post of Junior Assistant, as per the Gradation List as on 01.01.2009. The position of the petitioner Nos.1 & 2 in the Gradation List are at Sl. No.275 and 280 respectively, whereas the position of the respondent No.4 was at Sl. No.281. However, the respondent No.5 is shown to be senior at Sl. No.241.

¶4The petitioners' cases not having been considered, being aggrieved, they approached this Court by filing the present Writ Petition, for appropriate orders.

¶5The pleadings have been exchanged between the parties.

¶6By an additional affidavit filed by the petitioners, it has been brought on record that the petitioners have, in the meantime, been promoted to the higher post of Senior Assistant, by the order dated 13.02.2023.

¶7It is submitted by the respondents that the respondent No.4 was a person with disability and was accordingly promoted in that quota. As such the petitioners cannot claim promotion in that quota. Therefore, their claims made against respondent No.4 cannot be sustained in law.

¶8Mr. J.K. Goswami, learned Addl. Govt. Advocate appearing for the respondent Nos.1—3 submits that since the petitioners have also been promoted in the meantime, nothing remains to be decided any further in the Writ Petition. Accordingly, the Writ Petition may be closed.

¶9Learned counsels for the parties have been heard and the pleadings are carefully perused.

¶10It is seen that the present Writ Petition was originally filed seeking remedy before this Court for a direction to the respondent authorities to promote the petitioners to the next higher post of Senior Assistant under the office of the Page No.# 4/4 Inspector General of Police, Assam. During the pendency of the Writ Petition, the promotion order dated 13.02.2023 has been issued, whereby the petitioners have also been promoted to the post of Senior Assistants.

¶11Under such circumstances, the original prayer made in the Writ Petition that their cases should also be considered for promotion or that the promotion given to the respondent Nos.4 & 5 be interfered with are no longer required to need not be considered. However, the learned counsel for the petitioners urges before the Court that although the petitioners have been promoted, their claim for seniority w.e.f. 20.11.2019, the date from which the other similarly situated persons were promoted.

¶12In that view of the matter, the Writ Petition stands closed permitting the petitioners to file detailed representation before the respondent authorities i.e. respondent No.2, ventilating their grievances that their promotions have not been given effect from 20.11.2019 and that they have not been placed in the appropriate position in the Gradation List. This representation shall be filed within one week from the date of receipt of certified copy of this order.

¶13The authorities will, thereafter, hear the petitioner and other affected parties and pass a detailed speaking order, within 60 (sixty) days from the date of receipt of the certified copy of this order. Any such order, that is passed, copy thereof shall be served on the petitioners.

¶14The Writ Petition stands disposed of in terms of the above direction. Interim order, if any, stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010085272020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2549/2020o MUKUToBANIAoANDoANR.o S/O-oLATEoBHABINoCHoBANIA,oR/O-oVILL-oAGDOLA,oP.O-oBAIHATAo CHARIALI,oDIST-oKAMRUP,oASSAM,oPIN-o781381 2:oJITENoDAS oS/O-LATEoMAHENDRAoDAS oR/O-oVILLoANDoP.O-oDOLAKHAT oP.S-oMUKALMUA oDIST-oNALBARI oASSAM oPIN-o78131o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoITSoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o HOMEoDEPTT,oASSAM,oJANATAoBHAWAN,oDISPUR,oGUWAHATI-o781006 2:DIRECTORoGENERALoOFoPOLICE oASSAMoPOLICEoHQ oULUBARI oGUWAHATI,ooPIN-o781007 3:DEPUTYoINSPECTORoGENERALoOFoPOLICEo(A) oASSAMoPOLICEoHQ oULUBARI oGUWAHATI,ooPIN-o781007 4:ANILoRAHANG oSRoASSTT oOFFICEoOFoTHEoSUPERINTENDENToOFoPOLICE oBAKSA oDISToANDoP.O-oBAKSA oASSAM,ooPIN-o781343 Page No.# 2/4 5:JYOTI BORAH SR ASSTT OFFICE OF THE SUPERINTENDENT OF POLICE KAMRUP DIST AND P.O- KAMRUP ASSAM, PIN- 78103 Advocate for the Petitioner : MR. B K DAS Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE SOUMITRA SAIKIA