Md. Islamuddin Ahmed v. The State of Assam and 3 Ors

ORDER

19.02.2024.

¶1Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. S. Bora, learned Standing Counsel for the GMC and Mr. R. Dhar, learned Government counsel appearing on behalf of the respondent No. 4.

¶2The petitioner is aggrieved by non consideration of his case for being promoted to the post of Assistant Tax Superintendent inasmuch as according to the petitioner, he has already been promoted to the feeder cadre of Tax Collector and he had all required qualification and experience for consideration for promotion to the post of Assistant Tax Superintendant.

¶3Mr. T. C. Deuri, learned counsel for the petitioner submits that being aggrieved, the petitioner has already preferred a representation (Annexure-F) before the respondent No. 3 i.e. the Commissioner, Guwahati Municipal Corporation, Guwahati. Mr. Deuri, learned counsel submits that the petitioner's limited grievance is non-consideration of the aforesaid representation and at this stage, he will have no grievance if a direction is issued to the respondent No. 3 to consider the case of the petitioner for promotion to the next higher grade.

¶4Mr. S. Bora, learned Standing Counsel for the GMC submits that the Corporation being a model employer, they will definitely consider any Page No.# 3/3 representation preferred by the petitioner for consideration of his promotion to the next higher grade subject to his eligibility and availability of vacancy and subject to fulfillment of extant norms and required procedure.

¶5In view of the aforesaid consensus at the bar, without commenting on the merit of the claim of the petitioner for promotion to the next higher grade, this writ petition is disposed of directing the respondent No. 3, to consider the representation of the petitioner as well as his claim for promotion to the next higher grade of Assistant Tax Superintendant.

¶6The petitioner shall also be at liberty to file fresh representation before the respondent No. 3. Such representation if so advised, be filed within a period of 10 (ten) days from today and thereafter, the respondent No. 3 shall consider such claim of the petitioner within a period of 6 (six) weeks from the date of filing of the representation.

¶7Any determination made in this regard be communicated to the petitioner.

¶8It is needless to say that in the event the petitioner is aggrieved by any of the decisions passed on his representation, he shall be at liberty to approach the appropriate forum including this Court.

¶9This writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010221692021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7223/2021o MD.oISLAMUDDINoAHMEDo S/OoLATEoMAHIDoALI,oR/OoVILL-SALIKAJHAR,oP.O.-BURHA,oP.S.-SIPAJHAR,o DIST-oDARRANG,oASSAM,oPIN-784145 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oMUNICIPALoADMINISTRATIVEoDEPARTMENT,o DISPUR,oGUWAHATI,oDIST-KAMRUP(M),oASSAM,oPIN-781006 2:THEoGUWAHATIoMUNICIPALoCORPORATION oPANBAZAR oGUWAHATI oDIST-oKAMRUP(M) oASSAM oPIN-781001oREPRESENTEDoBYoITSoCOMMISSIONER 3:THEoCOMMISSIONER oGUWAHATIoMUNICIPALoCORPORATION oPANBAZAR oGUWAHATI oDIST-oKAMRUP(M) oASSAM oPIN-781001 4:THEoDEPUTYoCOMMISSIONER oGUWAHATIoMUNICIPALoCORPORATION oWESToZONE oGUWAHATI oGUWAHATI oDIST-oKAMRUP(M) Page No.# 2/3 ASSAM PIN-78100 Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : SC, GMC BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY