Harendra Nath Rajbangshi and Anr v. The State of Assam and 4 Ors

ORDER Date : 23-10-2024 Heard Mr. M. Bhagawati, learned counsel for the petitioners. Also heard Mr. N. Upadhyay, learned Standing counsel, Irrigation Department appearing for all the respondents.

¶2By filing the writ petition, the petitioners have prayed for a direction to the respondent authorities to consider the case of both the petitioners for promotion from Grade-IV to Grade-III posts.

¶3It is stated at the Bar that during the pendency of the present writ petition, the grievance of the petitioner No.1 for promotion to the Grade-III post has been redressed. However, the case of the petitioner No.2 is yet to be considered.

¶4During the course of hearing, Mr. N. Upadhyay, learned Standing counsel, Irrigation Department has placed on record the communication dated 22.10.2024, whereby it is clearly stated that the petitioner No.2 Shri Rajib Mahanta who is working as Helper/Grade-IV, has applied for appointment to the post of Section Assistant. However, as per the prevailing government norms, the petitioner No.2 can be promoted to the post of Grade-III instead of Section Assistant subject to the approval of the selection committee and the promotion can be imitated after approval from the competent authority.

¶5The appointment on promotion of the petitioners is regulated by the Assam Irrigation Page No.# 3/3 Establishment (Technical) Service Rules, 1990 (in short, 'Rules of 1990'). Rule 8(1) of the Rules of 1990, provides that subject to the suitability as may be decided by the Selection Board and by the Appointing Authority and also subject to possessing such qualification as may be prescribed by the Government from time to time, a member shall be eligible for promotion to the next higher grade i.e. from the post of Helper/Handiman may be promoted to the post of Assistant Mechanic/Assistant Turner/Assistant Electrician/Assistant Fitter/Assistant Welder/Assistant Blacksmith/Assistant Painter/Assistant Pump Operator (Electrical)/Assistant Carpenter etc.

¶6Having considered the submissions made by the learned counsel for both the parties and also taking note of the instruction provided to the learned Standing Counsel, I am of the view that no determination is required in the present writ petition as the respondent authorities have clearly stated that the petitioner No.2 who is serving as Helper/Grade-IV is entitled to be promoted to the post of

i)Assistant Blacksmith ii)Assistant Fitter, iii)Assistant Turner, iv)Assistant Welder in terms of the applicable Rules of 1990 and the same would be initiated after the approval from the competent authority.

¶7Having considered above, the present writ petition is disposed of with a direction to the respondent authorities to consider the case of the petitioner No.2 Shri Rajib Mahanta, strictly in terms of the applicable Rules of 1990.

¶8Writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010154952017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8023/2017o HARENDRAoNATHoRAJBANGSHIoandoANR.o S/O.oLATEoGAJENoRAJBANGSHI,oVILLAGE-oGAMARIMURI,oP.O.o GAMARIMURI,oP.S.-oBELSAR,oDISTRICT-oNALBARI,oASSAM,oPIN-781306. 2:oRAJIBoMAHANTA oS/O.oLATEoJAGESWARoMAHANTA oVILLAGE-oRATANPUR oP.O.oBARBANG oDISTRICT-oBARPETA oASSAM oPIN-781325o VERSUSo THEoSTATEoOFoASSAMoando4oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoandoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oIRRIGATIONoDEPARTMENT,oDISPUR,o GUWAHATI-781006. 2:THEoCHIEFoENGINEER oIRRIGATIONoDEPARTMENT oCHANDMARI oGUWAHATI-3. 3:THEoEXECUTIVEoENGINEER oGUWAHATIoWESToDIVISION oIRRIGATION oGUWAHATI-8. 4:THEoASSISTANToENGINEER oCHAYGAONoSUB-DIVISIONoIRRIGATION Page No.# 2/3 CHAYGAON P.O.- CHAYGAON DISTRICT- KAMRUP PIN-781124. 5:THE ASSTITANT ENGINEER SINGIMARI SUB-DIVISION IRRIGARION SINGIMARI P.O. PALASHBARI DISTRICT- KAMRUP PIN-781128 Advocate for the Petitioner : MS.B TALUKDAR, MR.M BHAGABATI,MSG BORA Advocate for the Respondent : DR.B AHMED, SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE KARDAK ETE