Gauhati High Court
Dhirendra Baruah vs The State Of Assam And 2 Ors on 30 May, 2022
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GAHC010091982020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2761/2020
DHIRENDRA BARUAH
S/O- LT. JAGNYA RAM BARUAH, R/O- HENGRABARI, P.S. DISPUR, GHY-06,
DIST.- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
(SECONDARY) DEPTT., DISPUR, GHY-06, ASSAM
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-1
Advocate for the Petitioner : MR. M K CHOUDHURY
Advocate for the Respondent : SC, EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
30.05.2022
Heard Mr. M Sarma, learned counsel for the petitioner, Mr. NJ Khataniar,
learned counsel for the respondents No. 1, 2 and 3 being the authorities in the
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Secondary Education Department and Elementary Education Department of the
Government of Assam.
2. The petitioner Sri Dhirendra Baruah was appointed as a Science Instructor
on 01.12.1981 and thereafter as a Statistical Officer on 19.09.1988 in the
Elementary Education Department of the Government of Assam. Another person
namely Smti Darpana Bora Neog was initially appointed as a Research Officer on
28.11.1990 in the same Department. When the promotion to the cadre of
Assistant was processed, although the feeder post for Assistant Director was
both Research Officer as well as Statistical Officer, but the respondent
authorities inadvertently did not call for the service particulars of the petitioner
for such consideration and had called the service particulars only of Smti
Darpana Bora Neog, who was from the Research Officer cadre. In the resultant
circumstance, Smti Darpana Bora Neog was promoted as Assistant Director on
05.04.1999 and the petitioner was left of of the consideration for promotion at
that stage.
3. Subsequently, Smti Darpana Bora Neog was promoted to the cadre of
Deputy Director on 14.03.2013. Being aggrieved, the petitioner instituted WP(C)
No. 3038/2013 and WP(C) No. 430/2013, which were given a final consideration
by the judgment dated 23.01.2018. By the judgment and order dated
23.01.2018, the respondents were directed to complete the process of
examining as to whether the petitioner Sri Dhirendra Baruah was considered for
promotion to the cadre of Assistant Director in the year 1999 and further to also
constitute a review DPC for promotion of the petitioner to the cadre of Deputy
Director and thereafter take a fresh decision. Consequent thereof the order
dated 27.12.2018 had been passed by the Commissioner and Secretary to the
Government of Assam in the Secondary Education Department.
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4. The said order, which apparently is an order in compliance with the
judgment dated 23.01.2018 in WP(C) No. 3038/2013 and WP(C) No. 430/2013
states that a decision had been taken that a review DPC be constituted for
promotion of the petitioner to the post of Deputy Director.
5. Though one of the requirements of the judgment dated 23.01.2018 was to
constitute a review DPC to consider the promotion of the petitioner to the post
of Deputy Director, but there was another requirement of the same judgment by
which the respondents were required to pass an order as regards the date from
which the promotion of the petitioner to the cadre of Assistant Director was to
be given effect. The order dated 27.12.2018 of the Commissioner and Secretary
did not take note of the aforesaid requirement.
6. Consequent thereof, by the minutes of the review DPC dated 25.07.2019,
the petitioner was recommended for notional benefits of promotion to the cadre
of Deputy Director w.e.f. 14.03.2013 when the same benefit was given to the
other person namely Smti Darpana Bora Neog.
7. As because the order dated 27.12.2018 did not constitute a review DPC to
consider the promotion of the petitioner to the cadre of Assistant Director from
the year 1990 nor any other order had been passed by the authority in that
respect and although it was a requirement of the judgment dated 23.01.2018,
the situation now remains is that the petitioner who is a Statistical Officer is
given the benefit of promotion directly to the cadre of Deputy Director without
regularizing the requirement of giving a prior promotion to the cadre of
Assistant Director.
8. Accordingly, we reiterate the requirement of the judgment dated
23.01.2018 in WP(C) No. 3038/2013 and WP(C) No. 430/2013 and direct the
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Secretary to the Government of Assam in the Secondary Education Department
to do the needful to regularize the promotion of the petitioner to the cadre of
Assistant Director in the manner as required under the law.
9. It is stated that some promotion was given to the petitioner to the cadre
of Assistant Director in the year 2011 and if yes, same was also requires a re-
consideration as there is already a requirement to consider him for promotion to
the cadre of Assistant Director from the year 1999 when the other incumbent
was given the same benefits.
10. The requirements be done within a period of two months from the date of
receipt of a certified copy of this order.
The writ petition is allowed to the extent as indicated above.
JUDGE
Comparing Assistant
