Altaf Hussain v. The State of Assam and 3 Ors

ORDER

24.01.2024 Heard Mr. A. N. Sharma, learned counsel for the petitioner. I have also heard Mr. T. C. Chutia, learned Addl. Senior Govt. Advocate, Assam appearing on behalf of respondent Nos.1, 2 and 3. None has appeared for the respondent No.4. Page No.# 3/4 The writ petitioner herein is serving as Deputy Controller of Legal Metrology, Department of Food, Civil Supplies and Consumer Affairs, Government of Assam. He is due to retire from service on attaining the age of superannuation on 25.02.2024. The grievance of the petitioner is that although he is eligible for promotion to the next higher post of Joint Controller, Legal Metrology, yet, his case has not been considered till today. Hence, this writ petition. Taking note of the grievance expressed in the writ petition, this Court had passed order dated 12.01.2024 requesting the learned Government Advocate, Assam to obtain instruction and apprise this Court, if the case of the petitioner is being considered by the DPC on any date prior to his retirement. In response to the above, the learned Government Advocate has produced a copy of the written instruction dated 22.01.2024 which goes to show that the petitioner was earlier placed under suspension but no departmental proceeding had been initiated against him. Although the petitioner was reinstated in service as Deputy Controller of Legal Metrology (Zonal), yet, his period of suspension from

29.09.2021 to 25.04.2022 had not been regularised due to want of certain documents and particulars from the Home and Political Department, Government of Assam. The written instruction dated 22.01.2024, however, categorically reflects that the case of the petitioner will be considered for promotion by convening a DPC prior to his retirement from service. Mr. Chutia, learned Addl. Senior Govt. Advocate, Assam submits that the petitioner has become due for promotion only on 12.01.2024. Therefore, the department is contemplating to consider his case for promotion as per the projection made in the written instruction. Page No.# 4/4 Mr. Sharma, learned counsel for the petitioner submits that if the case of his client is considered for promotion prior to his retirement, the petitioner would remain satisfied. Having heard the learned counsel for the parties and taking note of the projections made in the written instruction dated 22.01.2024 issued by the Secretary to the Government of Assam, Food, Public Distribution and Consumer Affairs Department, Dispur, this writ petition is being disposed of by providing that the departmental authorities may convene a DPC for considering the case of the petitioner for promotion to the next higher rank of Joint Controller of Legal Metrology within three weeks from today. It is made clear that the consideration shall include not only the petitioner but also other eligible departmental candidates who may be in the zone of consideration. The consideration of the petitioner will be subject to his fulfilling the eligibility norms. Facilitating the above process, the respondents may take all necessary steps for regularising the period of suspension of the petitioner for the period mentioned herein above. With the above observation, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010261782023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6824/2023o ALTAFoHUSSAINo SONoOFoLATEoGAFURoALI,o RESIDENToOFoGARIGAON,o P.S.-oJALUKBARI,oGUWAHATI,o DIST.-oKAMRUP(M),oASSAM,o PIN-o781012. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo FOOD,oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPARTMENTo (GOVT.oOFoASSAM),o REPRESENTEDoHEREINoBYoITSoADDL.oCHIEFoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o DISPURoSACHIVALAYA,oDISPUR,o GUWAHATI-05,oDIST.-oKAMRUP(M),o ASSAM. 2:THEoADDL.oCHIEFoSECRETARY o(GOVT.oOFoASSAM) oFOOD oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPARTMENTo (GOVT.oOFoASSAM) o DISPURoSACHIVALAYA oDISPUR o GUWAHATI-05 oDIST.-oKAMRUP(M) o ASSAM. Page No.# 2/4 3:SECRETARY (GOVT. OF ASSAM) FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT (GOVT. OF ASSAM) DISPUR SACHIVALAYA DISPUR GUWAHATI-05 DIST.- KAMRUP(M) ASSAM. 4:DHRUBA KUMAR DAS JOINT CONTROLLER OF LEGAL METROLOGY (ADMINISTRATION) ADDRESS- OFFICE OF THE FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-06 DISTRICT- KAMRUP(M) ASSAM Advocate for the Petitioner : MR. S CHAMARIA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM