Debajit Das vs The State Of Assam And 6 Ors
2021 Latest Caselaw 1580 Gua

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GAHC010091242021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/3021/2021

         DEBAJIT DAS
         S/O LATE DHARANI DHAR DAS, R/O HOUSE NO. 1, ELORA PATH, BYE
         LANE OF AJANTA PATH, SURVEY, BELTOLA, GUWAHATI-28



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO
         THE GOVERNMNET OF ASSAM, PUBLIC WORKS DEPARTMENT, DISPUR,
         GUWAHATI-6

         2:THE COMMISSIONER AND SPECIAL SECRETARY
          PUBLIC WORKS (BLDG. AND NH) DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          PUBLIC WORKS DEPARTMENT
          DISPUR
          GUWAHATI-6

         4:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          PERSONNEL DEPARTMENT
          DISPUR
          GUWAHATI-6

         5:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM
          PUBLIC WORKS ROADS DEPARTMENT
          DISPUR
          GUWAHATI-6

         6:THE CHIEF ENGINEER
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             PUBLIC WORKS (ROADS) DEPARTMENT
             CHANDMARI
             GUWAHATI-3

            7:THE CHIEF ENGINEER
             PUBLIC WORKS (BUILDING AND NH) DEPARTMENT
             CHANDMARI
             GUWAHATI-

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : SC, PWD




                                    BEFORE
                    HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

                                            ORDER

Date : 10.06.2021

The Court proceedings have been conducted through Video-conference.

2. Heard Mr. U. K. Nair, learned senior counsel for the petitioner. Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. P. Nayak, learned counsel for the State respondents.

3. The grievance of the petitioner in this petition is that though he had been allowed to remain as an Executive Engineer against the ex-cadre post in terms of the order passed by this Court in WP(C) No. 05/2015 and other analogous matters vide judgment and order dated 30.04.2015, which order had attained finality as far as his placement as the Executive Engineer against an ex-cadre post is concerned, the authorities, while considering his placement in the seniority list of the Executive Engineer in the provisional list published on 25.02.2020, issued the impugned speaking order on 27.04.2021 by which his placement as Executive Engineer against ex-cadre post had been disturbed and he has been placed in the lower grade post of an Assistant Executive Engineer.

4. According to the petitioner, the creation of ex-cadre post in the grade of Executive Engineer against which the petitioner was initially appointed was never a subject matter of dispute in any proceeding before this Court or any other Court of law, which however, was Page No.# 3/3

abolished by the impugned speaking order, without following the due process or hearing the petitioner and as such is,ex facie illegal and accordingly, has sought for stay of the speaking order dated 27.04.2021.

5. On the other hand, Mr. D. Saikia, learned Advocate General, Assam submits that proper consideration of all the relevant orders and the order passed by the Hon'ble Supreme Court would indicate that the petitioner does not have any right to remain as Executive Engineer against the ex-cadre post and seeks time to submit it on another date.

6. In that view of the matter let the matter be listed again on 16.06.2021, as prayed for.

7. Accordingly, the interim prayer will be considered on that day. However, it is also directed that no adverse action be taken against the petitioner based on the impugned order dated 27.04.2021 till then.

JUDGE

Comparing Assistant