Jahirul Islam vs The State Of Assam And 2 Ors
2024 Latest Caselaw 3774 Gua

Gauhati High Court

Jahirul Islam vs The State Of Assam And 2 Ors on 30 May, 2024

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                              Page No. 1/3

GAHC010106002024




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

                                 Case No. : WP(C)/2755/2024

            JAHIRUL ISLAM
            SON OF LATE MAHABBAT ALI, HOUSE NO. 14, BAGHORBORI ROAD,
            PANJABARI, GUWAHATI- 781037, KAMRUP METRO, ASSAM, PIN- 781037

            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE L.R. AND SECRETARY TO THE GOVERNMENT OF
            ASSAM, JUDICIAL DEPARTMENT, DISPUR, GUWAHATI- 781006

            2:HONBLE THE GAUHATI HIGH COURT
             REPRESENTED BY THE REGISTRAR GENERAL
             GAUHATI HIGH COURT
             GUWAHATI- 781001

            3:THE REGISTRAR ESTABLISHMENT
             GAUHATI HIGH COURT
             GUWAHATI- 78100

Advocate for the Petitioner   : MR. A CHAMUAH

Advocate for the Respondent : GA, ASSAM

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 30.05.2024

Heard Mr. A. Chamuah, learned counsel for the petitioner and Mr. G. Baishya, learned Standing Counsel, Gauhati High Court [GHC] for the respondent nos. 2 & 3. There is no representation on behalf of the respondent no. 1 today on call.

2. The petitioner joined service as a Computer Operator on 14.08.1996. After his initial promotion to the post of Lower Division Assistant [LDA] on 20.06.2007, the petitioner was further promoted to the post of Senior Administrative Assistant [later on, re-designated as Senior Judicial Assistant] on 30.10.2013. When by a Notification dated 04.02.2016 options were called for for filling up a vacant post of Court Officer, the petitioner submitted his option for the post. After a selection process, the petitioner came to be appointed as a Court Officer vide a Notification dated 18.04.2016 [Annexure-3] with a condition that he would maintain his seniority in his original cadre of Senior Judicial Assistant and his further promotion would be considered on that basis.

3. It the grievance of the petitioner that subsequently, when a promotional exercise was undertaken in the year 2017 for promotion to the post of Assistant Registrar [Ministerial Stream], the case of the petitioner was not considered. But in the meantime, 35 nos. of employees were promoted to the post of Assistant Registrar during the period from 2016 to 2023 and some of those employees, according to the petitioner, were junior to the petitioner. It is the contention of the petitioner that in view of the Judgment and Order dated 28.03.2024 rendered in Writ Appeal no. 5/2023 [Nirod Sarma vs. Safiqur Rahman, S/o Mahibur Rahman] and Writ Appeal no. 71/2023, the condition put in the Notification dated 14.08.2016 [Annexure-3] in respect of petitioner is unsustainable as the said Judgment and Order has attained finality.

4. It is the further case of the petitioner that in the above backdrop, the petitioner is entitled to be considered for promotion to the next higher post of Assistant Registrar from 20.07.2017 as the case of the petitioner has not yet been considered for promotion. Hence, the writ petition.

5. Issue notice, returnable on 26.06.2024.

6. As Mr. Baishya, learned Standing Counsel, GHC has appeared and accepted notices on behalf of the respondent nos. 2 & 3, issuance of formal notice stands dispensed with. The

learned counsel for the petitioner shall, however, serve an extra copy of the writ petition along with annexures, to Mr. Baishya within 3 [three] working days from today.

7. The petitioner shall take steps for service of notice upon the respondent no. 1 by serving a copy of the writ petition along with annexures, to the learned Senior Government Advocate, Assam within 3 [three] working days from today.

8. List the case accordingly on 26.06.2024.

9. The prayer for interim relief is kept open for consideration.

JUDGE

Comparing Assistant