Gauhati High Court
Jayanta Kumar Goswami vs The State Of Assam And 4 Ors on 5 August, 2022
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GAHC010150122022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5046/2022
JAYANTA KUMAR GOSWAMI
SON OF PRASANTA KUMAR GOSWAMI,
RESIDENT OF VILLAGE- TELIAPAHUKATA, P.O. URIAGAON, DISTRICT-
NAGAON, ASSAM, PIN- 782003.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006, ASSAM.
2:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT
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 GOVERNMENT OF ASSAM
PUBLIC WORKS (ROADS) DEPARTMENT
ESTABLISHMENT-B BRANCH
DISPUR- 781006
ASSAM.
5:THE DIRECTOR
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TECHNICAL EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019
ASSAM
Advocate for the Petitioner : MR. M K CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05.08.2022
Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. A.
Barkataki, learned counsel appearing for the petitioner.
2) The petitioner's case is that he has serving as a Junior Engineer
(Civil), PWD, after being selected and appointed vide Office Order dated
15.09.1995. In the year 2011, the petitioner obtained the "Section A & B of
Associate Membership Examination AMICE(I) in Civil Engineering" from the
Institution of Civil Engineers (India), Ludhiana, Punjab which is equivalent to a
BE degree and as such, as per the recruitment rules, the petitioner is eligible to
be promoted to the post of Assistant Engineer.
3) The petitioner's grievance is that on 16.08.2018, the respondent no. 2
passed a speaking order rejecting the claim of the petitioner for promotion from
the post of Junior Engineer to Assistant Engineer, on the ground that the Apex
Court in its judgment passed in "Orissa Lift Irrigation" observed that degree
obtained by the petitioner is not recognized. The same order was never
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communicated to the petitioner and was only known to the petitioner, when one
of the petitioners Sri Prabin Talukdar in WP (C) No. 7402/2015, was promoted to
the post of Assistant Engineer by the respondent no.2 vide order dated
28.04.2022, in compliance of a direction given by this Hon'ble Court in WP (C)
3802/2020 on 30.09.2020.
4) The petitioner's counsel submits that the petitioner had been pursuing
the issue of his promotion before the respondent no. 2, vide representation
dated 20.07.2.200, on the ground that the petitioner's degree obtained from the
Institution of Civil Engineers (India), Ludhiana, Punjab is a technical education
course, while "Orissa Lift Irrigation" deals with degrees obtained from deemed
universities.
5) Mr. M. K. Choudhury, learned senior counsel submits that the present
case can be disposed of in terms the judgment and dated 30.09.2020 passed in
WP (C) 3802/2020, wherein the case of the petitioner therein, who was a
Junior Engineer in PWD, Assam is exactly similar to the case in hand. He also
submits that subsequent to the Judgment and Order dated 30.09.2020 passed
in WP (C) No. 3802/2020, the Secretary to the Govt. of Assam, Public Works
Road Department had issued a Speaking Order dated 28.04.2022, wherein he
had come to a finding that the petitioner in WP (C) No. 3802/2020, who also
had the Section A & B of Associate Membership Examination AMICE (I) in Civil
Engineering from Institution of Civil Engineers (India), Ludhiana, could be
promoted to the next higher post of Assistant Engineer.
6) Mr. S. Bhuyan, learned counsel for the respondent no. 5 and Ms. A.
Talukdar, learned counsel for the respondent no. 1 submit that the present case
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can be disposed of in line with the Judgement and Order dated 30.09.2020
passed in WP (C) No. 3802/2020.
7) Mr. B. Choudhury, learned counsel for the respondent nos. 2, 3 & 4
submits that a representation should be submitted by the petitioner, to enable
the Commissioner and Special Secretary to the Govt. of Assam, PWRD, to take a
decision on the grievance of the petitioner.
8) Para 7 & 8 of the Judgement and Order dated 30.09.2020 passed in
WP (C) No. 3802/2020 is reproduced below:
"7. In any view of the matter, as the said aspect of declaring the equivalent B.E degree
had not been taken into consideration, we deem it appropriate that instead of issuing
notice, the matter can be remanded back to the Commissioner and Special Secretary
to the Government of Assam in the PWD for a reconsideration of the entire matter.
8. Accordingly, the two orders dated 16.08.2018 and 13.08.2019 are interfered with
and the matter stands remanded back to the Commissioner and Special Secretary to
the Government of Assam, PWD to consider the case of the petitioner as regards his
claim for promotion to the cadre of Assistant Engineer (civil) on the strength of the
degree that he is presently holding. The Commissioner and Special Secretary may
examine the matter and pass a reasoned order. The reasoned order be passed within a
period of two months from the date of receipt of a certified copy of this order. The
petitioner while approaching the Commissioner and Special Secretary, shall also
provide him with a copy of the writ petition as well as the judgment and order of this
Court dated 16.11.2017 passed in WP(C) No.5042/2017."
9) On considering the submissions made by the counsels for the parties
and keeping in view the Judgement and Order passed in WP (C) No. 3802/2020,
this Court is of the view that the petitioner should submit a representation to
the Commissioner and Special Secretary to the Govt. of Assam, PWRD with
regard to his grievance.
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10) In view of the Judgement and Order dated 30.09.2020 passed in WP
(C) No. 3802/2020, the Commissioner and Special Secretary to the Govt. of
Assam, PWRD is directed to consider the petitioner's representation as regards
his claim for promotion to the cadre of Assistant Engineer (Civil).
A reasoned order be passed with respect to above direction within a period
of two months, from the date of receipt of a certified copy of this Order, which
shall be accompanied by a copy of the writ petition.
11) The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
