Gauhati High Court
Nitul Chandra Das vs The State Of Assam And 7 Ors on 5 August, 2022
Page No.# 1/6
GAHC010285582019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8571/2019
NITUL CHANDRA DAS
S/O LT. PHATIK CHANDRA DAS, R/O VILL. BARNIBARI, P.O .BARNIBARI,
DIST. NALBARI, ASSAM-781304
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
REVENUE (REGISTRATION) DEPTT. DISPUR, GUWAHATI-781006
2:THE INSPECTOR GENERAL OF REGISTRATION
ASSAM
RUPNAGAR
GUWAHATI-781032
3:THE DISTRICT REGISTRAR
KAMRUP (METRO)
GUWAHATI-781001
4:THE DEPUTY COMMISSIONER
KAMRUP (M)
GUWAHATI-781001
ASSAM
5:THE SENIOR SUB-REGISTRAR
KAMRUP (METRO)
GUWAHATI-781001
6:EMRAN HUSSAIN
C/O THE SR. SUB REGISTRAR
KAMRUP (METRO)
GUWAHATI-781001
Page No.# 2/6
7:ANU SINGH
C/O THE SR. SUB REGISTRAR
KAMRUP (METRO)
GUWAHATI-781001
8:SAYED AMINUR RAHMAN
C/O THE SR. SUB REGISTRAR
KAMRUP (METRO)
GUWAHATI-781001
9:SMTI JEUTISHREE DAS
EXTRA WRITER
IN THE OFFICE OF THE SENIOR SUB REGISTRAR
KAMRUP(M)
GUWAHATI.
10:SMTI PRIPTI BANERJEE
EXTRA WRITER
IN THE OFFICE OFT HE SENIOR SUB REGISTRAR
KAMRUP(M)
GUWAHATI.
11:SMTI ANIMA THAKURIA
EXTRA WRITER
IN THE OFFICE OF THE SENIOR SUB- REGISTRAR
KAMRUP(M)
GUWAHATI.
12:MD MAINUL HAQUE CHOUDHURY
EXTRA WRITER
IN THE OFFICE OF THE SENIOR SUB-REGISTRAR
KAMRUP(M)
GUWAHATI.
13:KISHORE KUMAR NATH
EXTRA WRITER
IN THE OFFICE OF THE SENIOR SUB-REGISTRAR
KAMRUP(M)
GUWAHATI.
14:DAMAN TERON
EXTRA WRITER
Page No.# 3/6
IN THE OFFICE OF THE SENIOR SUB-REGISTRAR
KAMRUP(M)
GUWAHATI
Advocate for the Petitioner : MR. P K ROYCHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
05.08.2022
1. Heard Mr. P.K. Roychoudhury, learned counsel for the petitioner
and Mr. J. Handique, learned counsel for the respondent nos.1 & 2. Mr.
D. Borah, learned counsel appears for the respondent nos.3, 4 & 5.
2. The petitioner has prayed for a direction to be issued to the
respondent no.l2 to adjust the petitioner against the post of LDA (Junior
Assistant) in the establishment of the District Registrar, Kamrup(M),
Guwahati, in compliance with the judgment dated 11.05.2018 passed in
WP(C) No.7702/2016 and WP(C) No.2000/2017, wherein a direction was
issued to the respondents, to consider the petitioner for promotion to
the post of Lower Division Assistant if he came within the consideration
zone.
3. The petitioner's case is that he is presently serving as an Extra
Writer in the office of the Senior Sub-Registrar, Kamrup (Metro),
Guwahati. The petitioner was appointed as an Extra Writer on
Page No.# 4/6
21.07.2008 and his service was regularized thereafter.
4. The petitioner not having any promotional post, as he was serving
as an Extra Writer, which is an en-cadre post, had filed WP(C)
No.2000/2017. The petitioner had also filed WP(C) No.7702/2016,
challenging the transfer order of the petitioner.
5. This Court vide it's judgment and order dated 11.05.2018 disposed
of WP(C) No.7702/2016 and WP(C) No.2000/2017, by setting aside the
transfer order dated 08.12.2016 and directing the State respondents to
consider the case of the petitioner for promotion to the higher post of
Lower Division Assistant, if he came within the consideration zone,
within a period of 3 (three) months from the date of receipt of a certified
copy of the order.
6. Subsequent to the judgment dated 11.05.2018 passed by this
Court in WP(C) No.7702/2016 and WP(C) No.2000/2017, a proposal
was made by the State respondents to adjust the petitioner in the post
of Lower Division Assistant, in the establishment of the District
Registrar, Kamrup(M), Guwahati. The proposal had been made by the
Inspector General of Registration to the Finance Department and the
same had been approved by the WPT&BC Department.
7. Mr. J. Handique, learned counsel for the Revenue & Disaster
Management Department submits that the concurrence of the Personnel
Department is required and the proposal has been sent to the Revenue
Page No.# 5/6
(Registration) Department.
8. The extract of paragraph 12 of the affidavit-in-opposition of the
respondent no.5 is reproduced below :
"................... It is also mentioned that out of 7 Extra Writers, 6 nos of Extra
Writers are not willing to avail the conversion to the post of LDA and they have
submitted written declaration citing their no-objection if anyone is
converted to the vacant posts of LDA (Junior Assistant) lying vacant
in the office of the Senior Sub Registrar, Kamrup (Metro). In the said
proposal it is also submitted that the vacant post No. 7 as per 13
points Roster Register comes under S. C. Category and the writ
petitioner falls under this category and it is proposed to consider the
writ petitioner to the post of LDA (Junior Assistant) in pursuant to
the Judgment dated 11 05-2018 passed by the Hon'ble Gauhati
High Court in W.P.(C) No 7702/2016".
9. On perusing the affidavit-in-opposition filed by the respondent
no.5, it seen that out of 7 Extra Writers,, 6 nos of Extra Writers are not
willing to avail the conversion of their posts to LDA and that they have
submitted written declarations, citing their no-objection if anyone elses
post is converted to the vacant posts of LDA (Junior Assistant) lying
vacant in the office of the Senior Sub Registrar, Kamrup (Metro). As the
petitioner is the only Extra Writer, who has not objected for coversion of
his post to the post of LDA (Junior Assistant), this Court directs the
respondents, especially the respondent no.2, to complete the process of
considering the petitioner for adjustment in the post of LDA in the
establishment of District Registrar, Kamrup(M), Guwahati, within a
period of 2 (two) months from the date of receipt of a certified copy of
this order. While adjusting the petitioner to the post of LDA, the Roster
Page No.# 6/6
Point should be followed.
10. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
