Gani Khan Choudhury vs The State Of Assam And 6 Ors
2021 Latest Caselaw 2580 Gua

                                                                  Page No.# 1/7

GAHC010284012018




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

                          Case No. : WP(C)/8814/2018

         GANI KHAN CHOUDHURY
         S/O- LATE OSMAN ALI KHAN, VILL NO. 2 THEKERA BARI, P.O- BALABARI,
         P.S- DHULA, DIST- DARRANG, ASSAM, PIN- 784146


         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
         IRRIGATION DEPTT, DISPUR, GUWAHATI- 06

         2:THE CHIEF ENGINEER
          IRRIGATION
         ASSAM
          GUWAHATI- 03

         3:THE SUPERINTENDING ENGINEER
          MANGALDAI CIRCLE (IRRIGATION)
          MANGALDAI
          DIST- DARRANG

         4:THE SELECTION BOARD
          FOR SELECTION OF PROMOTION FROM THE POST OF GRADE-IV
         AND KHALASHI
          MANGALDAI CIRCLE (IRRIGATION) MANGALDAI REP. BY THE
         CHAIRMAN I.E THE SUPERINTENDING ENGINEER
          MANGALDAI CIRCLE (IRRIGATION)
          MANGALDAI
          DIST- DARRANG

         5:THE EXECUTIVE ENGINEER
          MANGALDAI DIVISION (IRRIGATION)
          MANGALDAI
          DIST- DARRANG
                                                                            Page No.# 2/7


            6:THE COMMISSIONER AND SECY.
             FINANCE DEPTT.
            TO THE GOVT. OF ASSAM
             DISPUR
             GUWAHATI 6

            7:SRI SATYARAM KALITA
             EXECUTIVE ENGINEER
             IRRIGATION DEPTT.
             NALBARI

Advocate for the Petitioner   : MR. H R A CHOUDHURY

Advocate for the Respondent : MR. N UPADHAYAY(SC, IRRIGATION,(R-1,2,3,4,5 & 7))




             Linked Case : WP(C)/2060/2019

            KHUDU RAM DEKA
            S/O- LATE DHARMA KANTA DEKA
            VILL- JHAKUWAPARA
            P.O- HAZARIKAPARA
            P.S- SIPAJHAR
            DIST- DARRANG
            PIN- 784145


             VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
            IRRIGATION DEPTT
            DISPUR
            GHY- 781006

            2:THE CHIEF ENGINEER
            IRRIGATION
             ASSAM
             GHY- 03
             3:THE SUPERINTENDING ENGINEER
            MANGALDAI CIRCLE (IRRIGATION)
             MANGALDAI
             DIST- MANGALDAI
                                                      Page No.# 3/7

4:THE SELECTION BOARD FOR SELECTION OF PROMOTION FROM THE
POST OF GRADE IV TO KHALASI
MANGALDAI CIRCLE (IRRIGATION) MANGALDAI
REP. BY THE CHAIRMAN I.E THE SUPERINTENDING ENGINEER
MANGALDAI CIRCLE(IRRIGATION)
MANGALDAI
DIST- MANGALDAI
5:THE EXECUTIVE ENGINEER
MANGALDAI DIVISION (IRRIGATION)
MANGALDAI
DIST- DARRANG
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
IRRIGATION appearing for THE STATE OF ASSAM AND 4 ORS



Linked Case : WP(C)/2056/2019

BABUL BASUMATARY
S/O. LATE DHATU RAM KACHARI
VILLAGE- NAPTIPARA
P.O. BARKOLA CHOWK
P.S. KALAIGAON
DIST.- UDALGURI
PIN- 784525.


VERSUS

THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
IRRIGATION DEPTT.
DISPUR
GHY-781006.

2:THE CHIEF ENGINEER
 IRRIGATION
ASSAM
GHY-781003.
 3:THE SUPERINTENDING ENGINEER

MANGALDAI CIRCLE (IRRIGATION)
MANGALDAI
DIST. MANGALDAI.
4:THE SELECTION BOARD
FOR SELECTION OF PROMOTION FROM THE POST OF GRADE IV AND
                                                      Page No.# 4/7

KHALASI
MANGALDAI CIRCLE (IRRIGATION) MANGALDAI
REP. BY THE CHAIRMAN
I.E. THE SUPERINTENDING ENGINEER
MANGALDAI CIRCLE (IRRIGATION)
MANGALDAI
DIST.- MANGALDAI.
5:THE EXECUTIVE ENGINEER

MANGALDAI DIVISION (IRRIGATION) MANGALDAI. DIST. DARRANG.
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
IRRIGATION appearing for THE STATE OF ASSAM AND 4 ORS.



Linked Case : WP(C)/8818/2018

SAMSUL HOQUE (II)
S/O- LATE HUSSAIN ALI
VILL- BARIGAON
P.O- DALGAON
P.S- DALGAON
DIST- DARRANG
ASSAM
PIN- 784116


VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
IRRIGATION DEPTT
DISPUR
GUWAHATI- 06

2:THE CHIEF ENGINEER
IRRIGATION
 ASSAM
 GUWAHATI- 03
 3:THE SUPERINTENDING ENGINEER
MANGALDAI CIRCLE (IRRIGATION)
 MANGALDAI
 DIST- DARRANG
 4:THE SELECTION BOARD
FOR SELECTION OF PROMOTION FROM THE POST OF GRADE- IV AND
KHALASHI
                                                         Page No.# 5/7

MANGALDAI CIRCLE (IRRIGATION)
MANGALDAI
PIN- 784125
REP. BY THE CHAIRMAN I. E THE SUPERINTENDING ENGINEER
MANGALDAI CIRCLE(IRRIGATION)
MANGALDAI
DIST- MANGALDAI
5:THE EXECUTIVE ENGINEER
MANGALDAI DIVISION (IRRIGATION) MANGALDAI
DIST- DARRANG
PIN- 784125
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
IRRIGATION appearing for THE STATE OF ASSAM AND 4 ORS



Linked Case : WP(C)/2220/2019

JANARDAN SARMA
S/O- LATE PADMA KANTA SARMA
 R/O- WARD NO. 4
 MANGALDAI TOWN
 SHANTIPUR
 P.O
 P.S MANGALDAI
 DIST- DARRANG
 ASSAM
 PIN- 784125


VERSUS

THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
IRRIGATION DEPTT
DISPUR
GHY- 781006

2:THE CHIEF ENGINEER
IRRIGATION
 ASSAM
 GHY- 781003
 3:THE SUPERINTENDING ENGINEER
MANGALDAI CIRCLE (IRRIGATION)
 MANGALDAI
 DIST- MANGALDAI
                                                                                Page No.# 6/7

             4:THE SELECTION BOARD FOR SELECTION OF PROMOTION FROM THE
             POST OF GRADE IV
             AND KHALASI
             MANGALDAI CIRCLE (IRRIGATION)
             MANGALDAI
             REP. BY THE CHAIRMAN THE SUPERINTENDING ENGINEER
             MANGALDAI CIRCLE (IRRIGATION)
             MANGALDAI
             DIST- MANGALDAI
             ASSAM
             5:THE EXECUTIVE ENGINEER
             MANGALDAI DIVISION (IRRIGATION)
             MANGALDAI
             DIST- DARRANG
             ------------
             Advocate for : MR H R A CHOUDHURY
             Advocate for : SC
             IRRIGATION appearing for THE STATE OF ASSAM AND 4 ORS



                                     BEFORE
                    HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

Date : 28-10-2021

Heard Shri FU Barbhuiya, learned counsel for the petitioners, who have filed these petitions with similar grievances.

2. Without going into the detailed facts of each of the cases, the grievances of the petitioners are with regard to an order of cancellation of promotion. The petitioners, who were initially engaged as Muster Roll Workers, were subsequently regularized and thereafter they were given promotion. It was, however, detected that the regularization was on personal post and therefore, promotion could not have been given to the petitioners and accordingly, the impugned order of cancellation of promotion was passed.

3. Shri FU Barbhuiya, learned counsel submits that the impugned order is a cryptic one and passed without affording any opportunity to the petitioners. He, accordingly prays for setting aside the same.

Page No.# 7/7

4. On the other hand, Shri N Upadhyay, learned Standing Counsel, Irrigation Department submits that the issue in hand was also the issue in another writ petition which has been decided by this Court vide order dated 05.10.2021 passed in WP(C)/8985/2019 (Harendra Ch. Lahkar Vs. The State of Assam & 3 Ors. ) by upholding the order of cancellation of promotion. The learned Standing Counsel, accordingly submits that the order passed by a Coordinate Singh Bench would normally be binding upon this Court.

5. Shri Barbhuiya, learned counsel fairly submits that in view of the judgment already passed, he would have very little scope for making further arguments in this matter. He, however, prays for a direction that even in case the writ petitions are dismissed in the line of the aforesaid judgment and order dated 05.10.2021, the pending salary on the promotional posts be released to the petitioners.

6. Upon hearing the learned counsel for the parties and on perusal of the copy of the aforesaid judgment and order dated 05.10.2021, this Court is of the view that the present issue has already been gone into and the writ petition was dismissed by the aforesaid order.

7. This Court therefore has no reason to differ with the said conclusion, and in terms of the aforesaid judgment and order dated 05.10.2021, the present writ petitions are dismissed.

8. However, the respondent authorities are directed to look into the aspect of payment of salaries, if any, in the promoted posts for the periods the petitioners had worked and after examination, if it is found that the petitioners are entitled, the admissible pay shall be released to the petitioners.

JUDGE

Comparing Assistant