Raju Boro vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1955 Gua

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GAHC010213532019




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

                          Case No. : WP(C)/6707/2019

         RAJU BORO
         S/O AMRIT CHANDRA BORO, VILL. DIGPUR, P.O. JOPADONG, DIST. BAKSA,
         ASSAM, PIN-781343, PRESENTLY SERVING AS GRADE-IV EMPLOYEE IN
         THE ESTABLISHMENT OF DIRECTORATE OF INDUSTRIES AND
         COMMERCE, ASSAM, BAMUNIMAIDAM, GUWAHATI-781021

         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM,
         INDUSTRIES AND COMMERCE DEPTT. GUWAHATI-781006

         2:THE COMMISSIONER
          INDUSTRIES AND COMMERCE DEPTT. GOVT. OF ASSAM
          BAMUNIMAIDAM
          GUWAHATI-781021

         3:THE DIRECTOR
          INDUSTRIES AND COMMERCE DEPTT. GOVT. OF ASSAM
          BAMUNIMAIDAM
          GUWAHATI-781021

         4:THE SELECTION COMMITTEE
          REP. BY ITS CHAIRMAN
          COMMISSIONER OF INDUSTRIES AND COMMERCE DEPTT. GOVT. OF
         ASSAM
          UDYOG BHAWAN BAMUNIMAIDAM
          GUWAHATI-781021

         5:SWMDWM BORO
          JUNIOR ASSISTANT
          O/O THE COMMISSIONER INDUSTRIES AND COMMERCE DEPTT. GOVT.
         OF ASSAM
          BAMUNIMAIDAM
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             GUWAHATI-78102

Advocate for the Petitioner   : MR. C BORUAH

Advocate for the Respondent : SC, INDUSTRIES AND COMMERCE

-B E F O R E-

HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

03.06.2022

Heard Mr. C. Boruah, learned counsel for the petitioner. Petitioner's case in brief is that he is eligible to be promoted to a Grade-III post in terms of the amended Rules, inasmuch as, the vacancy to the Grade-IV post arose prior to amendment of the Assam Directorate Establishment (Ministerial) Service Rules, 1973.

Petitioner's counsel submits that the amendment to the said Rules made vide Notification dated 27.09.2016 provides that Grade-III posts will have to be filled up by graduates, would not be applicable in his case as the vacancy arose prior to 2016. As per the unamended Rules, the educational qualification required for promotion to a Grade-III post was either matriculation or XII pass. In this respect, he has relied upon the judgment of the Apex Court in Y.V. Rangaiah & Ors. -vs- J. Sreenivasa Rao & Ors., reported in (1983) 3 SCC 284. However, as the said judgment of the 2 Judges' Bench has been overruled by a 3 Judges' Bench in the case of State of Himachal Pradesh & Ors. -vs- Raj Kumar & Ors . (Civil Appeal No. 9746/2011), disposed of on 20.05.2022, the petitioner's counsel prays for two weeks' time to obtain further instructions in the matter.

List after two weeks.

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Comparing Assistant