Gobin Ch. Dastidar and 2 Ors v. The State of Assam and 10 Ors

ORDER Date : 13.06.2024 Heard Mr. M. Sarma, learned counsel for the petitioners. Also heard Mr. J. Ahmed, learned counsel for the respondent nos.5 to 11. None appears on call for the other respondents.

¶2The case of the petitioners is that they are serving in the cadre of Superintendent. The petitioners are aggrieved by the promotion order dated

12.08.2016, whereby persons who were junior to them in service were allowed to supersede them to the next higher post of Under Secretary to the Govt. of Assam.

¶3The case of the petitioners is that the said benefit has accorded to the persons who were below to them in the gradation list because of the OM dated

03.08.2016. Accordingly, the case of the petitioners is that the private respondent nos.5 to 11 have been wrongly provided reservation in promotion Page No.# 4/5 and the same was done without carrying out any exercise for ascertaining the backwardness, representation inadequacy and impact on administrative efficiency. Accordingly, the petitioners have assailed the said OM dated

03.08.2016 and have also prayed for quashing of the promotion order dated

12.08.2016, by which the private respondent nos.5 to 11 were promoted.

¶4At this stage, the learned counsel representing the respondent nos.5 to 11 has submitted that the said OM dated 03.08.2016 was assailed in a series of writ petitions and this Court by order dated 06.06.2022, passed in WP(C) 5026/2016, had upheld the legality of the said OM dated 03.08.2016. It is submitted that the said order dated 06.06.2022 was assailed by way of an intra-Court appeal and the Division Bench of this Court by order dated 10.08.2023, passed in WA 46/2023, which was heard along with WA 239/2022 and WA 162/2023 had upheld the order passed by the learned Single Judge dated

06.06.2022. Accordingly, it is submitted that in view of the judgment dated

10.08.2023, passed by the Division Bench of this Court, the issue regarding legality of the OM dated 03.08.2016 cannot be revisited.

¶5Having perused the said order dated 10.08.2023, passed by the Division Bench of this Court in WA 46/2023, which was heard along with WA 239/2022 and WA 162/2023, as reported in 2023 (4) GLT 864, the Court is of the considered opinion that the issue relating to the challenge of OM dated

03.08.2016, has attained finality. The Division Bench of this Court had further observed to the effect that in the meanwhile, by the OM dated 18.01.2023, the previous consequnential seniority has been withdrawn and the catch up principle has been introduced, and this Court, without expressing any opinion on the said OM, had disposed of the writ appeal. Page No.# 5/5

¶6In view of above, in the opinion of the Court, the subject matter of the present writ petition has become infructuous.

¶7Accordingly, this writ petition stands closed having been rendered infructuous.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010173212016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5169/2016o GOBINoCH.oDASTIDARoando2oORS.o S/O-oLT.oTILAKoMOHANoDASTIDAR,oR/O-oQUARTERoNO.oVIIIoMo15/1,o DISPURoSUPERMARKEToQUARTERoCOMPLEX,oDISPUR,oGHY-o6. 2:oSMT.oGEETAoKUNDUoCHAKRABORTY oD/O.oBEPINoCHAKRABORTY oR/O.oNIRMALAYA oHOUSEoNO.o42 oMADHAVDEVPURoROAD oULUBARI oP.O.oREHABARI oGUWAHATI oPIN.o781008. 3:oSRIoHIRANYAoKUMARoGAYAN oS/O.oLT.oHARANATHoGAYAN oR/O.oGANAPATIoENCLAVE oNEARoDPI oKAHILIPARA oGUWAHATI-781019o VERSUSo THEoSTATEoOFoASSAMoANDo10oORSo REP.oBYoTHEoCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM,oDISPUR,oGHY-o6. 2:THEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oWELFAREoOFoPLAINSoandoBACKWARDoCLASSESoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oSECRETARIAToADMINISTRATIONoDEPARTMENT PageoNo.#o2/5 oDISPUR oGUWAHATI-6. 4:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPERSONNELBoDEPARTMENT oDISPUR oGUWAHATI-6. 5:MUKUToCHANDRAoMALAKAR oSUPERINTENDENT oPRESENTLYoPOSTEDoASoUNDERoSECRETARY oASSAMoHUMANoRIGHTSoCOMMISSION oBHANGAGARH oGUWAHATI oPIN.o781005. 6:MORAMIoPAYENG oSUPERINTENDENT oPRESENTLYoPOSTEDoASoUNDERoSECRETARY oURBANoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHTI-6. 7:BIPASAoKHERKATARY oSUPERINTENDENT oPRESENTLYoPOSTEDoASoUNDERoSECRETARY oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6. 8:BIBHAoPEGUoMEDOK oSUPERINTENDENT oPRESENTLYoPOSTEDoASoUNDERoSECRETARY oCOOPERATIONoDEPARTMENT oDISPUR oGUWAHATI-6. 9:DIPENoCHANDRAoSAIKIA oSUPERINTENDENT oPRESENTLYoPOSTEDoASoUNDERoSECRETARY.oGENERALo ADMINISTRATIONoDEPARTMENT oGUWAHATI-6. 10:GUNAoRAMoINGTY oSUPERINTENDENT oPRESENTLYoPOSTEDoASoUNDERoSECRETARY.oENVIRONMENToANDo Page No.# 3/5 FOREST DEPARTMENT DISPUR GUWAHATI-6. 11:NABIN CHANDRA INGTY SUPERINTENDENT PRESENTLY POSTED AS UNDER SECRETARY. AGRICULTURE DEPARTMENT DISPUR GUWAHATI-6 Advocate for the Petitioner : MR.M K CHOUDHURY Advocate for the Respondent : MR.G Y KHANR-7,8,9and11 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA