Rajiv Changmai and 4 Ors v. The State of Assam and 3 Ors

ORDER Date : 14/11/2023

Heard Mr. M. K. Das, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned standing counsel, PWD.

¶2This writ petition has been filed by the petitioner praying for directions to the respondent department to give effect to the order of promotion dated

10.05.2023 by which order they were promoted from the post of Junior Engineer to the post of Assistant Engineer. The petitioners are aggrieved by the fact that to give effect to the date of their promotion from the date when their colleagues and juniors were promoted, which is 16.09.2015. The petitioners have aggrieved by the fact that at the relevant point in time when their juniors and other similarly situated candidates were considered for promotion and were granted promotion by notification dated 16.09.2015, their cases were not considered as there was a cloud on their qualifications as to whether the degrees which they have acquired are recognized by the AICTE. Subsequently, the AICTE clarified the issue in favour of the petitioners stating that their degrees obtained are recognized by the AICTE. However, the cases of the petitioners were not considered for promotion immediately thereafter and were subsequently considered for promotion by the order dated 10.05.2023, by which they were promoted to the Post of Assistant Engineer.

¶3The learned counsel for the petitioner submits that for giving them the benefit of their promotion with effect from 16.09.2015, a representation was filed before the competent authority, which had remained pending and no such Page No.# 4/5 orders have been passed. Being aggrieved, the present writ petition has been filed praying for appropriate writ direction or order.

¶4Mr. M. K. Das, learned counsel for the petitioner has also referred to and relied upon orders passed by the co-ordinate Bench of this court, whereby similar writ petitions were disposed of, directing the department to pass appropriate orders on the representation's preferred.

¶5Mr. R. Dhar, learned standing Counsel, PWD on instructions places before the Court copy of the communication dated 07.11.2023, whereby the Department has sought for some time in the matter as the department as the representations of the writ petitioners are under due consideration. Mr. Dhar submits that some time be granted to the Department as the matter is under active consideration and inter-departmental views has been sought for by the department for passing necessary orders in the matter.

¶6Since the learned standing counsel has submitted before the court on instructions that the representations filed by the petitioner are under active consideration and the writ petitioners are before this court seeking directions for disposal of their representations, this court is of the considered view that the writ petition can be closed with a direction to the respondent authorities to effectively decide on the representations filed by the petitioner and pass appropriate orders thereof. Any speaking order passed on their representations, copies thereof be furnished to the writ petitioners.

¶7The entire exercise be taken by the department, namely, PWD (Roads and Buildings) Department as expeditiously as possible within the period of outer limit of 60 (sixty) days from the date of receipt of a certified copy of this order.

¶8Writ petition accordingly stands disposed of in terms of the above. Page No.# 5/5

¶9Department is given liberty to call for any such clarifications or documents as may be necessary from the petitioners at the time of deciding the representations.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010174282023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4682/2023o RAJIVoCHANGMAIoANDo4oORSo S/O-oLATEoCHITRADHARoCHANGMAI,oR/O-oRUPNAGARoHOUSEFEDo COMPLEX,oSRIMANTAPUR,oBHANGAGARH-32,oDIST.oKAMRUP(M),oASSAMo ANDoPRESENTLYoSERVINGoASoTHEoASSISTANToENGINEERo(CIVIL)oINo RANGIAoNHoDIVISION. 2:oDILIPoKUMARoNATH oS/O-oSHRIoBIRENDRAoKUMARoNATH oPRESENTLYoSERVINGoASoTHEoASSISTANToENGINEERo(CIVIL)oINoNALBARIo DISTRICToTERRITORIALoBUILDINGoDIVISION oDIST.oNALBARI oPIN-o781335 oASSAM 3:oKICHINoCHANDRAoDAS oS/O-oLATEoJAYRAMoDAS oPRESENTLYoSERVINGoASoTHEoASSISTANToENGINEERo(CIVIL)oINoBARPETAo DISTRICToTERRITORIALoBUILDINGoDIVISION oDIST.oBARPETA oPIN-o781301 oASSAM 4:oSAFIQULoISLAMoMAMUD oS/O-oABDURoREZZAQUE oR/O-oRONGAGARA oHUZ oNAGAON-o782002 oASSAMoANDoPRESENTLYoSERVINGoASoTHEoASSISTANToENGINEERo(CIVIL)o INoTEZPUR oSOOTEAoANDoRANGAPARAoTERRITORIALoROADoDIVISIONo(ATTACHEDo TOoNAGAON oBARHAMPURoANDoRUPOHIHAToTERRITORIALoBUILDINGoDIVISION). 5:oROUFoAHMEDoMAMUD Page No.# 2/5 S/O- LATE ABDUR RASHID R/O- VILL.- MADHUPUR DIST. NAGAON-782003 ASSAM AND PRESENTLY SERVING AS ASSISTANT ENGINEER (CIVIL) HOJAI DISTRICT TERRITORIAL BUILDING DIVISION HOJAI PIN- 782435 ASSA VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR, GUWAHATI-6. 2:THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:THE SECRETARY PUBLIC WORKS (ROADS) DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 ASSAM 4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS (ROADS) DEPARTMENT ESTABLISHMENT-B BRANCH DISPUR GUWAHATI-781006 ASSA Advocate for the Petitioner : MR. M K DAS Advocate for the Respondent : GA, ASSAM Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA