Gauhati High Court
Page No.# 1/3 vs Pranab Goswami on 28 August, 2023
Page No.# 1/3
GAHC010220252021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./115/2021
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-06.
2: THE CHIEF ENGINEER
IRRIGATION
ASSAM
CHANDMARI
GUWAHATI-03.
3: THE SUPERINTENDING ENGINEER
NORTH KAMRUP CIRCLE (I)
NALBARI
P.O. AND DIST.- NALBARI
PIN- 781335.
4: THE EXECUTIVE ENGINEER
IRRIGATION DEPARTMENT
NALBARI DIVISION
SAUKUCHI
P.O. MILANPUR
DIST.- NALBARI
ASSA
VERSUS
PRANAB GOSWAMI
S/O- LATE PRAKASH GOSWAMI, R/O- GOPAL BAZAR, P.O. AND P.S.
NALBARI, DIST.- NALBARI, ASSAM, PIN- 781353.
Advocate for the Petitioner : SC, IRRIGATION
Page No.# 2/3
Advocate for the Respondent : MR. A MOBARAQUE
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
28-08-2023
Heard Mr. N. Upadhyay, learned counsel for the review petitioners. Also
heard Mr. A. Mobaraque, learned counsel for the opposite party.
This review petition is filed against the judgment and order dated 31.10.2018
passed by this Court in WP(C) no.6859/2018 whereby the following directions
were made:
"....
Since, the facts that the petitioner had been recommended and the vacancies are existing
are not being disputed by the State, this Court is of the view that necessary direction can
be issued to respondent authorities to grant promotion to the petitioner on the strength of
recommendation made by the competent selection committee/recommending authority
against the existing vacancies for promotion. Ordered accordingly.
This exercise shall be undertaken and completed within a period of two months from
today."
Mr. N. Upadhyay, learned counsel for the review petitioners submits that
this directions was made pursuant to the judgment of the Division Bench passed
in WA No.124/2015 & WA No.111/2016 on 10.02.2017 [ Dilip Talukdar & Ors.
vs. State of Assam & Ors, reported in 2017 (2) GLT 135]. The Division Bench
in this judgment had held that the personal posts are extra cadre post and
therefore, no promotion in the Department can be made from the ex-cadre
posts or for the post in the nature of ex-cadre post. Learned counsel for the
review petitioners submits that the Order dated 31.10.2018 passed in WP(C)
No.6859/2018 was passed without taking into consideration the order of the
Division Bench passed in WA No.124/2015 & WA No.111/2016 on 10.02.2017
[Dilip Talukdar & Ors. vs. State of Assam & Ors , reported in 2017 (2) GLT
Page No.# 3/3
135] and as such, the review petition is being filed.
Mr. A. Mobaraque, learned counsel for the opposite party submits that this
review is not called for as WP(C) no.6859/2018 was disposed of in terms of the
order dated 15.09.2016 passed in WP(C) No.2277/2014 ( Badan Das vs. State
of Assam & 4 Ors.). Learned counsel for the opposite party further submits
that his case is squarely covered by the decision rendered by a co-ordinate
Bench of this Court in WP(C) No.2277/2014 ( Badan Das vs. State of Assam
& 4 Ors.) and it is submitted that the opposite party/petitioner having been
similarly situated person as Badan Das, there is no infirmity in the order dated
31.10.2018 passed in WP(C) No.6859/2018 by a co-ordinate Bench of this Court
in directing the respondents to grant promotion to the petitioner on the strength
of the recommendation made by the competent Selection Committee.
Mr. N. Upadhyay, learned counsel for the review petitioners, prays for
some time to go through the same.
Prayer is allowed.
List the matter on 22.09.2023 for final disposal of the matter.
JUDGE
Comparing Assistant
