Shantanu Dhar vs The State Of Assam And 7 Ors
2023 Latest Caselaw 2644 Gua

                                                                Page No.# 1/3

GAHC010132142023




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

                         Case No. : WP(C)/3565/2023

         SHANTANU DHAR
         S/O- LATE SHAHNTI RANJAN DHAR, R/O- HOUSE NO. 19, HARBALA ROAD,
         ULUBARI, GUWAHATI-781007, DIST. KAMRUP(M), ASSAM



         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM, DISPUR, GUWAHATI-6.

         2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
          FINANCE (TAXATION) DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE (TAXATION) DEPARTMENT
          DISPUR
          GUWAHATI-06.

         4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          PERSONNEL (B) DEPARTMENT
          DISPUR
          GUWAHATI-06.

         5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          LEGISLATIVE DEPARTMENT
          DISPUR
          GUWAHATI-06.

         6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
         WELFARE OF PLAIN TRIBES AND BACKWARD CLASSES DEPARTMENT
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             DISPUR
             GHY-06.

            7:KAMALESWAR LAHARY
             DEPUTY COMMISSIONER OF TAXES
             O/O- THE COMMISSIONER OF TAXES
            ASSAM
             KAR BHAVAN
             DISPUR
             GHY-06.

            8:THE DEPARTMENTAL SELECCTION COMMITTEE
             FOR PROMOTION TO THE CADRE OF JOINT COMMISSIONER OF TAXES
             REPRESENTED BY THE CHIEF SECRETARY
            ASSA

Advocate for the Petitioner   : MR G BAISHYA

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                          ORDER

Date : 21-06-2023 Heard Mr. G. Baishya, learned counsel for the writ petitioner.

Perused the averments made in the writ petition.

The grievance of the petitioner is that the respondent No. 7, who is a reserved

category candidate, is being sought to be promoted to the next higher rank of Joint

Commissioner of Taxes by ignoring the candidature of the writ petitioner who is senior to

the private respondent in service, notwithstanding the fact that the 13 point reservation

roster, relied upon by the department, had been set aside by this Court by the judgment

and order rendered in the case of Rakesh Agarwal Vs. State of Assam & Ors.

reported in 2016 (3) GLT 464.

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Mr. Baishya submits that the department has not yet published the minutes of the

DPC or the order of promotion, as a result of which, his client has not been able to

challenge the same.

Mr. B. Choudhury, learned standing counsel, Taxes, Assam seeks time till 27-06-

2023 to produce the relevant departmental records.

Mr. T.C. Chutia, learned Addl. Sr. Govt. Advocate, Assam is present on behalf of the

State.

On the request of Mr. Choudhury, let this matter be listed again for motion on 27-

06-2023.

On which date, the records be produced by the departmental counsel.

One extra copy each of the writ petition be furnished to the learned departmental

counsel during the course of the day.

List again on 27-06-2023.

JUDGE GS

Comparing Assistant