Balindra Kr Deka vs The State Of Assam And 3 Ors
2021 Latest Caselaw 962 Gua

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GAHC010172002020




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

                                 Case No. : WP(C)/5153/2020

            BALINDRA KR DEKA
            S/O SRI KHAGENDRA NATH DEKA
            , RESIDENT OF VILLAGE BHOMOLAHATI, PS BAIHATA CHARIALI
            DIST KAMRUP R ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
            ASSAM, FINANCE (TAXATION) DEPARTMENT, JANATA BHAWAN, DISPUR
            GUWAHATI 6

            2:PRINCIPAL SECRETARY
            TO THE GOVT. OF ASSAM
             FINANCE (TAXATION) DEPARTMENT
             JANATA BHAWAN
             DISPUR GUWAHATI 6

            3:COMMISSIONER OF TAXES
             GOVT. OF ASSAM
             DISPUR GUWAHATI 6

            4:DEPUTY COMMISSIONER OF TAXES
             GUWAHATI
             ZONE B
             DISPUR GUWAHATI

Advocate for the Petitioner   : MR. B K DAS

Advocate for the Respondent : SC, FINANCE AND TAXATION
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                                  BEFORE
                 HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

                                           ORDER

Date : 12-03-2021 Heard Mr. B.K. Das, learned counsel for the petitioner and also heard Mr. B Gogoi, learned Government Advocate appearing for the State respondents.

Being aggrieved that he was not promoted to the post of Inspector in the Department of Taxation, Government of Assam, the petitioner approached this Court by filing W.P.(C) No. 2509/2017. On 28.05.2019, this Court disposed the W.P.(C) with a direction that if the petitioner is found to be suitable by the selection committee he should be promoted to the post of Inspector of Taxation on the date when his juniors were promoted.

Mr. Gogoi, learned counsel appearing for the respondents submitted that in compliance of the direction given by this Court in the judgment mentioned above, on 28.05.2019, the name of the petitioner has been recommended by the DPC for promotion to the post of Inspector with effect from the date his juniors were promoted. The learned counsel also submitted that after the recommendation was made the Government of Assam, Finance Department (Taxation), vide letter dated 18.02.2021 had asked the APSC to give its approval as per the requirement of the relevant rules, therefore, it is now a matter of formality and time before the actual promotion order is issued.

Mr. B.K Das, learned counsel for the petitioner submits that this writ petition may be disposed by recording the submission of the learned counsel of the respondents.

Considering the submissions of the learned counsels, this writ petition is disposed of with a direction that the process for issuing the promotion order of the petitioner be hastened and issued at the earliest.

JUDGE

Comparing Assistant