Himanshu Gogoi v. The State of Assam and 4 Ors

ORDER Date : 02-12-2024

Heard Mr. R.S. Mishra, learned counsel for the petitioner, who submits that the grievance of the petitioner is that as per the Provisional Gradation List of Ministerial Staff in the Office of the Commissioner of Taxes, Taxation Department, his name appears at Sl. No. 312 but in the Final Gradation List, which was published on 05.11.2024 he has been placed below the respondent No. 5, who otherwise is junior to him and was placed below him in the Provisional List. He submits that the petitioner was initially appointed on 11.03.2015 whereas, the private respondent No. 5 was appointed after him on 22.12.2015. The learned counsel submits that being aggrieved, the petitioner has submitted a representation before the respondent No. 3 on 11.11.2024, which however has not been considered till date. At this stage, he submits that the limited prayer of the petitioner is that his representation dated 11.11.2024 may be considered by the respondent No. 3 and disposed of by way of a speaking order. Mr. B. Gogoi, learned Standing Counsel Finance & Taxation Department submits that in view of the pendency of the representation of the petitioner, the same may be directed to be disposed of by the competent authority. Page No.# 3/3 In view of above, the writ petition is disposed of with a direction to the respondent No. 3 to consider and disposed of the representation dated 11.11.2023 (Annexure - D) submitted by the petitioner within a period of three (3) weeks from the date of receipt of the certified copy of this Order.

The petitioner shall furnish a copy of the writ petition with Annexures to the respondent No. 3.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010242662024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6059/2024o HIMANSHUoGOGOIo S/OoLATEoMOHANoCHANDRAoGOGOI,o RESIDENToOFoMOHANAGHAT,oJAPARAoGAON,oPOoMOHANAGHAT,oPSoANDo DISToDIBRUGARH,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAMoDEPARTMENToOFoFINANCEoANDoTAXATION,oDISPURoASSAM 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAMoDEPARTMENToOFoFINANCEoANDoTAXATION oDISPURoASSAM 3:THEoCOMMISSIONERoOFoTAXES oKARoBHAWAN oGANESHGURI oDISPURoASSAM 4:THEoASSISTANToOFoTAXES oDIBRUGARHoASSAM 5:SHRIoDEEPAKoKUMARoNEWAR oJUNIORoASSISTANToAToOFFICEoOFoTHEoASSISTANToCOMMISSIONERoOFo TAXES oDIBRUGARHoASSAo AdvocateoforotheoPetitionerooooo:oMR.oAoKoGUPTA,oMR.oRoKoMAHANTA,MR.oRoSoMISHRAo AdvocateoforotheoRespondento:oSC,oFINANCEoANDoTAXATION,oo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO