Page No.# 1/3 vs The State Of Assam And 3 Ors
2022 Latest Caselaw 1753 Gua

                                                                 Page No.# 1/3

GAHC010084562022




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

                           Case No. : WP(C)/3214/2022
         MAMONI PAHADI @ MAMONI PAHADI MILI AND ANR
         W/O- SRI MONOJ KUMAR MILI, DOJ AS MR- 01.04.1992, DATE OF
         REGULARISATION- 22.07.2005, HS WITH DIPLOMA IN COMPUTER
         APPLICATION AND TYPING, UNDER JORHAT PHE DIVISION, JORHAT,
         ASSAM, R/O NO. 1 CHENGELIGAON, P.O. CHENGELIGAON, PS AND DIST.
         JORHAT, ASSAM, PIN- 785010.

         2: BOLIN SHARMA
          S/O- LT. JADAV SHARMA
          DOJ AS MR- 18.12.1986
          DATE OF REGULARIZATION- 03.02.2005
          HS WITH DIPLOMA IN COMPUTER APPLICATION AND TYPING
          UNDER JORHAT PHE SUB-DIVISION
          JORHAT
         ASSAM
          R/O- BORHOOZ GAON
          PO PANICHAKUA
          PS PULIBOR
          DIST. JORHAT
         ASSAM
          PIN- 785006

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM,
         DEPTT. OF P.H.E., ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI,
         ASSAM, PIN- 781006.

         2:THE CHIEF ENGINEER
          P.H.E.
          (WATER) ASSAM
          HENGRABARI
          GUWAHATI
         ASSAM
                                                                            Page No.# 2/3

           PIN- 785001.

           3:THE SUPERINTENDENT ENGINEER
            P.H.E.
            JORHAT CIRCLE
            JORHAT
           ASSAM
            PIN- 785001.

            4:THE EXECUTIVE ENGINEER
             P.H.E.
             JORHAT DIVISION
             JORHAT
            ASSAM
             PIN- 785001
Advocate for the Petitioner : MR. A K DUTTA

Advocate for the Respondent : GA, ASSAM

-B E F O R E-

HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

23.05.2022

Heard Mr. B. Purkayastha, learned counsel for the petitioner, who submits that the selection process for promotion from Grade IV to Grade III in the PHE Department was initiated on 13.08.2020, while the eligibility criteria required for the candidates was enhanced from HSLC to Graduate in the year 2015. He submits that the vacancies would have to be filled up in terms of the Rules in force at the time when the vacancies had occurred.

The petitioner's counsel may go through the judgment of the three Judges' Bench of the Apex Court in Civil Appeal No.9746/2011 (State of Himachal Pradesh & Ors. -vs- Raj Kumar & Ors.).

List on 01.06.2022.

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