Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 8 August, 2022
Page No.# 1/5
GAHC010150512022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5104/2022
ASHIM KUMAR NATH AND ANR.
SON OF HARENDRA KUMAR NATH,
RESIDENT OF SATI RADHIKA ROAD, SOUTH HAIBARGAON, P.O.
HAIBARGAON,
DISTRICT- NAGAON,
ASSAM, PIN- 782002.
2: SAUKAT ALI AHMED
S/O JAMER ALI
VILL.- BAGHPARI
P.O.- MANGALDAI
DIST.- DARRANG
ASSAM
PIN- 784125
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 GOVT
OF ASSAM
PUBLIC WORKS DEPTT.
DISPUR
GUWAHATI- 781006
ASSAM.
3:THE SECRETARY
PUBLIC WORKS (ROADS) DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006
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ASSAM.
4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
PUBLIC WORKS (ROADS) DEPTT.
ESTABLISHMENT-B BRANCH
DISPUR
PIN- 781006
ASSAM.
5:THE DIRECTOR
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 : 08.08.2022
Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. A.
Barkataki, learned counsel appearing for the petitioners.
2) The petitioners' case is that they have been serving as Junior Engineer
(Civil), PWD, after being selected and appointed vide Office Orders dated
30.10.2004 and 29.09.2005. In the year 2011, the petitioners 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 petitioners are eligible to be promoted to the post of Assistant Engineer.
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3) The petitioners' grievance is that on 16.08.2018, the respondent no. 2
passed a speaking order rejecting the claim of the petitioners 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
communicated to the petitioners and were 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 petitioners' counsel submits that the petitioners had been
pursuing the issue of his promotion before the respondent no. 2, vide
representation dated 19.07.2.200, on the ground that the petitioners' 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
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Engineering from Institution of Civil Engineers (India), Ludhiana, could be
promoted to the next higher post of Assistant Engineer.
6) Mr. K. Gogoi, learned counsel for the respondent no. 5, Mr.
J. K. Parajuli, learned counsel for the respondent no. 1 and Mr. B. Gogoi, learned
counsel for the respondent nos. 2, 3 & 4 submit that the present case 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. Gogoi, 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."
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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 petitioners should submit a representation to
the Commissioner and Special Secretary to the Govt. of Assam, PWRD with
regard to his grievance.
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 petitioners' 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
