Jayanta Das v. The State of Assam and 4 Ors

ORDER

30.08.2024 Heard Shri JI Borbhuiya, learned counsel for the petitioner. Also heard Shri D. Gogoi, learned Standing Counsel, Forest Department.

¶2Considering the subject matter and the instructions received by the learned Standing Counsel, which has been placed before this Court, the writ petition is taken up for disposal at the admission stage.

¶3The petitioner is working as an Assistant Conservator of Forest (ACF) at Digboi Forest Division, who is aggrieved by a notification dated 22.02.2024 by which 26 nos. of ACF were given the promotion to the post of Deputy Conservator of Forest (DCF). The petitioner could learn that on account of alleged non-submission of Annual Property Return (APR), such promotion has been denied. Shri Borbhuiya, learned counsel for the petitioner has submitted that APR was submitted way back on 06.06.2023 and the same was also forwarded to the Principal Chief Conservator of Forest by his Controlling Officer, namely, DFO, Digboi Division on 21.08.2023.

¶4Shri Gogoi, learned Standing Counsel, Forest Department has however informed that as per instructions received, the APR was received only on

18.11.2023 and the DPC had held the meeting on 14.11.2023. The written instructions further states that the case of the petitioner would be placed in the next DPC for consideration. Page No.# 4/4

¶5Though promotion may not be a matter of right, a fair consideration is a right for all employees, who are otherwise eligible for such consideration. In the instant case, it appears that on 06.06.2023, the APR was submitted by the petitioner to his Controlling Officer, namely, the DFO Digboi Division, the same was forwarded on 21.08.2023. It is however not understood as to why the said communication was received only on 18.11.2023 after the meeting of the DPC.

¶6In that view of the matter, while it is directed that the promotion of the petitioner is required to be considered in the next DPC, a stand which is already conceded in the written instructions, the aspect of giving retrospective effect to such promotion, if the petitioner is found eligible is also to be worked out.

¶7The writ petition accordingly stands disposed of.

¶8The written instructions are made part of the records. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010047002024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1375/2024o JAYANTAoDASo SONoOF-oLATEoN.H.oDAS,o RESIDENToOFoDAYASAGARoAPARTMENT,o F-E-1,oCPBoPATH,oBYEoLANE-6,o PUBoSARANIA,oP.O.-oSILPUKHURI,o P.S.-oCHANDMARI,oGUWAHATI-03,o DISTRICT-oKAMRUP(M),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSPECIALoCHIEFoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o ENVIRONMENToANDoFORESTSoDEVELOPMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oENVIRONMENToANDoFORESTSoDEVELOPMENT oDISPUR oGUWAHATI-o781006. 3:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oENVIRONMENToANDoFORESTSoDEVELOPMENT oDISPUR oGUWAHATI-o781006. 4:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESTSoANDoHEADoOFo FORESTSoFORCE oASSAM oPUNJABARI oGUWAHATI-37. Page No.# 2/4 5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS WILD LIFE AND CHIEF WILD LIFE WARDEN ASSAM PUNJABARI GUWAHATI-37. 6:MUJIBUR RAHMAN CHOUDHURY DEPUTY CONSERVATOR OF FORESTC/O- OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS WILD LIFE AND CHIEF WILD LIFE WARDEN ASSAM PANJABARI GUWAHATI-37. 7:UTTAMANANDA GOSWAMI DEPUTY CONSERVATOR OF FORESTS C/O- OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FOREST WILD LIFE AND CHIEF WILD LIFE WARDEN ASSAM PANJABARI GUWAHATI-37 8:DEBAJYOTI NATH DEPUTY CONSERVATOR OF FORESTS C/O- OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS WILD LIFE AND CHIEF WILD LIFE WARDEN ASSAM PANJABARI GUWAHATI-37 9:SALIM AHMED DEPUTY CONSERVATOR OF FORESTS C/O- OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS WILD LIFE AND CHIEF WILD LIFE WARDEN ASSAM PANJABARI GUWAHATI-37. 10:JAYANTA KUMAR NATH DEPUTY CONSERVATOR OF FORESTS C/O- OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS WILD LIFE AND CHIEF WILD LIFE WARDEN ASSAM PANJABARI GUWAHATI-3 Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. A B T HAQUE,SMTI H DEVI,MRS. K H CHOUDHURY,MR. L MOHAN Page No.# 3/4 Advocate for the Respondent : SC, FOREST, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI