Biswajit Bhattacharjee and 2 Ors v. The State of Assam and 2 Ors

ORDER Date : 13-03-2024 Heard Mr. D. Borah, learned counsel for the applicant. By the order dated 30/05/2022 passed in W.P.(C) No. 817/2018, this Court had made the following observation; "7. Upon hearing the learned senior counsel for the applicants and the learned departmental counsel, the Court is inclined to provide that in the event a Selection Board meeting is held for promotion from the post of Assistant Executive Engineer (Civil), PWD (Roads) to the post of Executive Engineer (Civil), PWD (Roads), the pendency of the connected W.P(C) 817/2018, shall not be a bar for the respondent authorities to adopt the "seal cover" method in so far as the candidature of the applicants claim is concerned, if they are within the range of consideration, because by order dated 16.02.2018 in WP(C) 817/2018, the inter-se seniority in the rank of the cadre of the Assistant Executive Engineer (Civil) has been made subject to the outcome of the said writ petition." Mr. D. Borah, learned counsel for the applicant submits that by making such observation the purpose of the case in the I.A.(C) has already been served/addressed. The learned counsel therefore submits that the I.A.(C) may be closed. Prayer is allowed. I.A.(C) stands disposed. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010028722018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oLinkedoCaseo:oI.A.(Civil)/1482/2022 BISWAJIToBHATTACHARJEEoando2oORS. S/O.LT.oRABAKANTAoBHATTACHARJEE oR/O.oSONALIJOYANTIoNAGAR oNEARoI.S.B.T. oBYLANEoNO.2 oJORHAT-785001 2:oRUPJYOTIoBORA S/OoLATEoPREMESWARoBORA oR/OoVILLAGEoANDoPOoDEORIGAON oDIST.oNAGAON-782144 o3:oKANDARPAoDUTTA S/OoLATEoPRAFULLAoDUTTA oR/OoNEWoAMOLAPATTI oGOLAGHAT-785621 oVERSUS THEoSTATEoOFoASSAMoANDo2oORS REP.oBYoTHEoCOMMISSIONERoANDoSPECIALoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oPUBLICoWORKSoDEPTT. oDISPUR oGUWAHATI-781006 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM PERSONNELoDEPTT. DISPUR oGUWAHATI-781006 o3:THEoCHIEFoENGINEER ASSAMoPUBLICoWORKSoDEPTT. oCHANDMARI oGUWAHATI-781003 Page No.# 2/2 ------------ Advocate for : MR. M K CHOUDHURY Advocate for : SC PWD appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE K. SEMA