Kamal Ashish Dhar v. The State of Assam and 2 Ors

ORDER Date : 18.11.2024

Heard Mr. S.J. Sarmah, learned counsel for the petitioner and Mr. S. Bhuyan, learned Standing counsel for the respondent Nos. 1 and 2.

¶2The grievance, being sought to be addressed in this writ petition, is that the petitioner was appointed as Office Attendant in Grade-IV on 03.08.1995 and since then, he has been rendering service for more than 20 years and on

12.10.2022, he preferred an application before the Principal, Moran College, Moranhat for taking initiative for promotion from Grade-IV to Grade-III post as he is the senior most and qualified staff to be promoted. Thereafter, a meeting of the Screening Committee was held on 05.12.2022 and the proposal of the petitioner, for being promoted from Grade-IV to Grade-III was approved and the said committee also resolved that the name of the petitioner be recommended to the Director of Higher Education for approval as per rules. Thereafter, the respondent No. 3, the Principal of Moran College had forwarded all the relevant documents to the respondent No. 2 to take initiative for approval of the promotion of the petitioner. But, the respondent No. 2 has not yet taken any decision upon the proposal forwarded by the respondent No. 3 for a long time.

¶3Mr. Sarmah, learned counsel for the petitioner submits that the petitioner has submitted a representation on 27.08.2024, to the Director of Higher Education, Kahilipara, Guwahati, but, no action has been taken till date and accordingly, it is submitted that this writ petition may be disposed of by directing the respondent No. 2 to dispose of the representation of the petitioner dated 27.08.2024 within a period of one month and till disposal of this Page No.# 3/3 representation, the posts lying vacant may not be filled up.

¶4Mr. Bhuyan, learned Standing counsel for the respondent Nos. 1 and 2 has also conceded to the submission so advanced by Mr. Sarmah, learned counsel for the petitioner. However, Mr. Bhuyan submits that the proposal sent earlier was rejected vide letter No. E.Comp. No. 405023/1, Annexure-8 of the petition.

¶5In response of the same, Mr. Sarmah submits that vide letter dated

11.03.2024, the vacancy position has been clarified and now five numbers of posts are lying vacant in Grade-III available in the college.

¶6Having considered the submissions of the learned Advocates for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this writ petition by directing the respondent No. 2, the Director, Higher Education, Kahilipara, Guwahati, to dispose of the representation of the petitioner dated 27.08.2024 and pass a reasoned order thereon within a period of one month from the date of receipt of certified copy of this order.

¶7The petitioner shall obtain a certified copy of this order and place the same before the respondent No. 2 within a period of one week from today.

¶8Till disposal of the representation of the petitioner dated 27.08.2024, no post of Grade-III lying vacant in the Moran College, shall be filled up.

¶9In terms of above, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010236522024 ooooooo 2024:GAU-AS:11188 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5975/2024o KAMALoASHISHoDHARo SONoOFoLATEoRABINDRANATHDHARoRESIDENToOFoMORANHAT,o JYOTIPURoWARDoNO.6,oP.O.-oMORANHAT,oDIST.-oJORHAT,oASSAM,oPIN-o 785670 VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVT.oOFoASSAMo(HIGHERoEDUCATION)oDEPARTMENT,oASSAM,o GUWAHATI-6 2:THEoDIRECTORoOFoHIGHERoEDUCATION oKAHILIPARA oGUWAHATI-19 oKAMRUPo(M) oASSAM 3:THEoPRINCIPALoMORANoCOLLEGE oMORANHAT oDIST.-oCHARAIDEO oPIN-o78567o AdvocateoforotheoPetitionerooooo:oMR.oSoJoSARMAH,oMRoGoGoGOGOI,MR.oSoBARUAHo AdvocateoforotheoRespondento:oSC,oHIGHERoEDU,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN