Pralay Das vs The State Of Assam And 4 Ors
2023 Latest Caselaw 4054 Gua

                                                               Page No.# 1/3

GAHC010217222023




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

                         Case No. : WP(C)/5749/2023

         PRALAY DAS
         S/O- LATE JOGENDRA KUMAR DAS, R/O- KARBI NAGAR,
         BAMUNIMAIDAM, GUWAHATI, DISTRICT- KAMRUP (R), ASSAM, PIN-
         781021



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT
         OF FOREST AND ENVIRONMENT, DISPUR, GUWAHATI- 781005

         2:THE CHAIRMAN
          POLLUTION CONTROL BOARD
          BAMUNIMAIDAM
          GUWAHATI- 781021

         3:THE MEMBER SECRETARY
          POLLUTION CONTROL BOARD
          BAMUNIMAIDAM
          GUWAHATI- 781021

         4:DR. GAUTAM KRISHNA MISHRA
          S/O- LATE CHARU KRISHNA MISHRA
         ADDITIONAL CHIEF ENVIRONMENTAL SCIENTIST
          POLLUTION CONTROL BOARD
          BAMUNIMAIDAM
          GUWAHATI- 781021

         5:SRI PRATAP KUMAR SARMA
          S/O- JOGENDRA NATH SARMA
          SENIOR ENVIRONMENTAL SCIENTIST
          POLLUTION CONTROL BOARD
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             BAMUNIMAIDAM
             GUWAHATI- 78102

Advocate for the Petitioner   : MR. M K CHOUDHURY

Advocate for the Respondent : SC, PCB




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

Date : 29.09.2023

Heard the learned counsel for the parties.

This writ petition has been filed by the writ petitioner challenging the promotion of private respondent Nos. 4 and 5 to the post of Addl. Chief Environmental Scientist and Senior Environmental Scientist.

The petitioner is presently working as Executive Environmental Scientist under the Pollution Control Board, Assam. Grievance of the petitioner is that his claims have been overlooked and the private respondent Nos. 4 and 5 have been promoted to the higher posts. Earlier there was an issue as to whether the M.Sc qualification of the petitioner and other similarly situated persons were equivalent or not, which came to be settled by Judgments of this Court in WP(C)/912/2011 and WP(C)/6329/2013. Accordingly, the claim of the petitioner ought to have been considered by the competent authority. Being aggrieved, the petitioner has approached this Court for appropriate direction(s) /order(s).

Mr. I.Borthakur, learned counsel appears for the respondent No.1 and Mr. S.Baruah, learned counsel appears for the Pollution Control Board.

Issue notice returnable by 4(four) weeks.

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Extra copies of the writ petition be furnished to the learned counsel appearing for the respondents.

Since the learned counsel entered appearance, notice is waived.

Petitioner to take steps for service of notice on the respondent Nos. 4 and 5 by registered post with A/D within 1(one) week from today.

The prayer for interim shall be considered on the next returnable date.

It is submitted that another writ petition is pending therefore both the writ petitions be listed together. Accordingly, list this matter along with WP(C)/5203/2022 after 4(four) weeks.

JUDGE

Comparing Assistant