E. Raghumani Singha vs The State Of Assam And 12 Ors
2022 Latest Caselaw 1921 Gua

                                                                  Page No.# 1/5

GAHC010104592022




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

                          Case No. : WP(C)/3655/2022

         E. RAGHUMANI SINGHA
         SON OF LATE E. GOWRIDAS SINGHA, RESIDENT OF QUARTER NO.
         VIII(MIN), 10/3, SUPERMARKET COMPLEX, DISPUR, GUWAHATI- 781006.



         VERSUS

         THE STATE OF ASSAM AND 12 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM, DISPUR, GUWAHATI- 781006.

         2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
          GENERAL ADMINISTRATIVE DEPARTMENT
          DISPUR
          GUWAHATI-781006.

         3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          SECRETARIAT ADMINISTRATIVE DEPARTMENT
          BLOCK-A (FIRST FLOOR)
          DISPUR
          GUWAHATI- 781006.

         4:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM
          SECRETARIAT ADMINISTRATIVE DEPARTMENT
          BLOCK-A (FIRST FLOOR)
          DISPUR
          GUWAHATI- 781006.

         5:SARBESWAR SAIKIA
          SON OF LATE HOLIRAM SAIKIA
          RESIDENT OF JATIA
          KAHILIPARA ROAD
                                      Page No.# 2/5

BYE LANE NO. 4 (HILL SIDE)
LANGADOU MANDIR PATH
HOUSE NO. 19
DISPUR
GUWAHATI- 781006.

6:SUBRATA PURKAYASTHA
 SON OF SUDHANGSHU PURKAYASTHA
 RESIDENT OF HOUSE NO. 30
 R.K. GOSWAMI PATH
 LALGANESH
 GUWAHATI- 781036.

7:JITU KUMAR SAIKIA
 SON OF LATE NIRMAL CHANDRA SAIKIA
 RESIDENT OF VILLAGE AMGAON
TARI BAGAN
 NARENGI
 P.O. BONDA
 KAMRUP
 GUWAHATI- 781026.

8:SMTI TILOTTAMA NATH
 C/O- LATE SILO DAS
 RESIDENT OF HOUSE NO. 19
 KRISHNA NAGAR
 BYE LANE NO. 1
 CHANDMARI
 GUWAHATI-781003.

9:UTTAM KUMAR DUTTA
 SON OF LATE AMALENDU DUTTA
 RESIDENT OF MATRI BHAWAN
 HOUSE NO. 24
 JOYMOTI NAGAR
 P.O. PANDU
 KAMRUP(METRO)
 PIN- 781012

10:SMTI SUNANDA SEN
 DAUGHTER OF LATE SUNIL KUMAR SEN
 RESIDENT OF B/201
 JAWAHARNAGAR
 HOUSEFED APARTMENT
TRIPURA ROAD
 JOYA NAGAR
 DISTRICT- KAMRUP
 PIN- 781028.
                                                              Page No.# 3/5


             11:INDRAJIT DHAR
              C/O MADHUMITA CHOUDHURY
              HOUSE NO. 9
              UDAYPUR
              BIRUBARI
              BYE LANE NO. 3
              DISTRICT- KAMRUP(METRO)
              PIN- 781016.

             12:SANTANU KUMAR DAS
              C/O SENIOR SPECIAL OFFICER
              SAE DEPARTMENT
              JANATA BHAWAN
              DISPUR
              GUWAHATI- 781006.

             13:PRABAL SINHA
              C/O- SENIOR SPECIAL OFFICER
              SECRETARIAT ADMINISTRATIVE (E) DEPARTMENT
              BLOCK-A (FIRST FLOOR)
              DISPUR
              GUWAHATI-781006

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

01.06.2022

1. Heard Mr. K.N. Choudhury, learned Senior Counsel for the petitioner, who submits that promotion to the post of Stenographer Grade-I (English) from Stenographer Grade-II (English) requires the candidate to be a graduate. The private respondent nos.5 to 13 are not graduates and accordingly cannot be promoted to Stenographer Grade-I (English). He submits that in view of the innocuous order dated Page No.# 4/5

09.12.2020 passed in WP(C)No.5162/2020, the State respondents have misinterpreted the said order and have taken steps to relax the educational qualification required for promotion of the private respondents, wherein there would be relaxation of the recruitment rules, pertaining to the educational qualification required (graduate degree) for the purpose of promotion to Stenographer Grade-I (English).

2. The petitioner's case is that the petitioner is a graduate having more than 32 years of service as Stenographer and he is eligible to be considered for promotion to Stenographer Grade-I (English). However, due to the illegal proposed action of the State respondents, in trying to relax the educational qualification for promotion of the private respondents, an illegality is going to be committed.

Issue Notice returnable in 4 (four) weeks.

Mr. P. Nayak, learned counsel accepts notice for respondent nos.2, 3 & 4 while Mr. S.S. Roy, learned counsel accepts notice for respondent no.1.

Petitioner to take steps for service of notice upon the private respondents by registered post with AD within 3 (three) days.

In view of law laid down by the Apex Court in B.N. Nagarajan & Others etc. Vs. State of Karnataka & Others etc., reported in (1979) 4 SCC 507, wherein it has held that the executive instructions cannot supersede Rules made under the proviso to Article 309 of the Constitution and keeping in view the judgment of the Apex Court in the case of Keshav Chandra Joshi & Others vs. Union of India & Others, reported in (1992) Suppl(1) SCC 272, this Court is of the view that the Page No.# 5/5

relaxation of Rule 5(3) & 8 of the Assam Stenographers' Service Rules, 1995 as amended in 2020, to enable the private respondents to be considered for promotion to the Stenographer Grade-I (English) should not be given effect to till the next returnable date.

Registry to reflect the "SC, SAD" in the Cause List.

List the matter after four weeks along with WP(C) No.5162/2020.

JUDGE

Comparing Assistant