Page No.# 1/ vs The Union Of India And 7 Ors
2025 Latest Caselaw 4743 Gua

Gauhati High Court

Page No.# 1/ vs The Union Of India And 7 Ors on 21 August, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                   Page No.# 1/11

GAHC010072112021




                                                             undefined

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

                          Case No. : WP(C)/2813/2021

         MADHURJYA BORGOHAIN AND 5 ORS
         S/O SRI BHUGESWAR BORGOHAIN, R/O NAZIRA BOARDING ROAD, WARD
         NO. 2, P.O. AND P.S. NAZIRA, IN THE DIST. OF SIVASAGAR, ASSAM, PIN
         785685

         3: JIBONJYOTI HAZARIKA

          S/O SRI BHUPEN HAZARIKA
          R/O BOARDING ROAD
          WARD NO. 2
          NAZIRA TOWN
          P.O. AND P.S. NAZIRA
          IN THE DIST. OF SIVASAGAR
          ASSAM
          PIN 785685

         4: APURBA JYOTI MECH

          S/O SRI DULU MECH
          R/O NAZIRA TOWN
          WARD NO. 2
          P.O. AND P.S. NAZIRA
          IN THE DIST. OF SIVASAGAR
          ASSAM
          PIN 785685

         6: MRINAL ANKUR CHANGMAI

          S/O ROBIN CHANGMAI
          R/O HOUSE NO. 453
          MELACHAKAR MILAN NAGAR
          NEAR HORIZON COLONY
          SIVASAGAR
          P.O. AND P.S. SIVASAGAR
                                                        Page No.# 2/11

IN THE DIST. OF SIVASAGAR
ASSAM
PIN 785640

8: ACHARYA KONWAR
 S/O BHUPEN KONWAR
 R/O VILL. SIMALUGURI
 P.O. AND P.S. SIMALUGURI IN THE DIST. OF SIVASAGAR
ASSAM
 PIN 785686

9: RUPAM KUMAR BORAH

S/O GOLAP CH. BORAH
R/O OLD AMULAPATTY
KRISHNA NAGAR
P.O. AND P.S. SIVASAGAR
IN THE DIST. OF SIVASAGAR
ASSAM
PIN 78564

VERSUS

THE UNION OF INDIA AND 7 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND CHEMICAL,
GOVT. OF INDIA, NEW DELHI, PIN 110001

2:OIL AND NATURAL GAS CORPORATION LTD.

A STATUTORY BODY HAVING ITS HEAD OFFICE AT DEHRADUN
UTHARAKHAND

3:THE EXECUTIVE DIRECTOR CHIEF HRD
 OIL AND NATURAL GAS CORPORATION LTD. GREEN BUILDING
TEL BHAVAN
 DEHRADUN
 UTTARAKHND.

4:CHAIRMAN CUM MANAGING DIRECTOR
 OIL AND NATURAL GAS CORPORATION LTD.
 JIBON BHARATI TOWR
 NEW DELHI
 PIN 110001

5:DIRECTOR HR. OIL AND NATURAL GAS CORPORATION LTD.

JIBON BHARATI TOWER
NEW DELHI
                                                                            Page No.# 3/11

             PIN 110001

            6:THE EXECUTIVE DIRECTOR

             OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS
             EASTERN REGION
             NAZIRA
             DIST. SIVASAGAR
             ASSAM
             PIN 785685

            7:THE GENERAL MANAGER
             (HR) R AND P

             REGIONAL R AND P SECTION
             OIL AND NATURAL GAS CORPORATION LTD.
             ASSAM ASSETS
             NAZIRA
             DIST. SIVASAGAR
             ASSAM
             PIN 785685

            8:THE DEPUTY MANAGER (HR) R AND P

             REGIONAL R.P. SECTION
             OIL AND NATURAL GAS CORPORATION LTD.
             ASSAM ASSETS
             NAZIRA
             DIST. SIVASAGAR
             ASSAM
             PIN 78568

Advocate for the Petitioner   : MR. P J SAIKIA, MR. J HATIMURIA,MR. M KALITA

Advocate for the Respondent : ASSTT.S.G.I., MR. B K DAS (R-2-8),SC, ONGC




             Linked Case : WP(C)/754/2024

            LACHIT CHANDRA CHUTIA AND ANR
            S/O- LATE PRAFULLA CH. CHUTIA

            R/O- VILLAGE TARAPUR ASSAMESE BASTI
                                                     Page No.# 4/11

P.O AND P.S- TARAPUR
 DIST- CACHAR
ASSAM
 PIN-788003

2: HIRESH CHAKRABORTY
S/O- LATE HIRENDRA KUMAR CHAKRABORTY

R/O- H.NO- 5
RAMONI MOHAN LANE
SIBBARI ROAD
TARAPUR
P.O- TARAPUR

P.S- SILCHAR
 DIST- CACHAR
ASSAM
 PIN-788003
 VERSUS

THE UNION OF INDIA AND 6 ORS
REP. BY THE MINISTRY OF PETROLEUM AND CHEMICAL
GOVT. OF INDIA
NEW DELHI-01

2:OIL AND NATURAL GAS CORPORATION LTD
REPRESENTED BY THE CHAIRMAN CUM MANAGING DIRECTOR
OIL AND NATURAL GAS CORPORATION LTD.
JEEVAN BHARATI
 TOWER II
 12143
 INDIA CHAWK
 CONNAUGHT PLACE
 NEW DELHI-01

3:THE EXECUTIVE DIRECTOR
CHIEF HRD

OIL AND NATURAL GAS CORPORATION LTD.

GREEN BUILDING
TEL BHAVAN
DEHRADUN
UTTARAKHAND
PIN-248195

4:THE DIRECTOR (HR)
THE OIL AND NATURAL GAS CORPORATION LTD.
                                                                 Page No.# 5/11

JEEVAN BHARATI
TOWER- II
NEW DELHI- 110001.

5:THE EXECUTIVE DIRECTOR
OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS
EASTERN REGION
NAZIRA
DIST- SIBSAGAR
ASSAM
PIN-785685

6:THE GENERAL MANAGER (HR) R AND P
REGIONAL R ANDP SECTION.
OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS
NAZIRA
DIST- SIBSAGAR
ASSAM
PIN-785685

7:THE IN CHARGE
HR-ER
ONGC
CACHAR FORWARD BASE
SRIKONA
SILCHAR

DIST- CACHAR
ASSAM
PIN-788026
------------
Advocate for : MR. M KALITA
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS



Linked Case : WP(C)/3603/2023

JAHNU KONWAR AND ANR
S/O- ANANDA KONWAR
 R/O- PUNJAN PATH
 NEAR LACHIT COLLEGE
 SIVASAGAR
 P.O.
 P.S. AND DIST. SIVASAGAR
 ASSAM
 PIN- 785640.
                                                       Page No.# 6/11

2: BHOBEN GOGOI
S/O- PHULESWAR GOGOI
 R/O- VILL.- CHEREKAPAR KHELUA GAON
 P.O. CHEREKAPAR
 P.S. AND DIST. SIVASAGAR
ASSAM
 PIN- 785701.
VERSUS

THE UNION OF INDIA AND 9 ORS
REPRESENTED BY THE MINISTRY OF PETROLEUM AND CHEMICAL
GOVT. OF INDIA
NEW DELHI-110001.

2:OIL AND NATURAL GAS CORPORATION LIMITED
A STATUTORY BODY HAVING ITS HEAD OFFICE AT DEHRADUN
 UTHARAKHAND
 PIN- 248195.

3:THE EXECUTIVE DIRECTOR

CHIEF HRD
OIL AND NATURAL GAS CORPORATION LIMITED
GREEN BUILDING
TEL BHAVAN
DEHRADUN
UTTARAKHAND
PIN- 248195.

4:CHAIRMAN-CUM-MANAGING DIRECTOR

OIL AND NATURAL GAS CORPORATION LIMITED
JIBON BHARATI TOWER
NEW DELHI-110001.

5:DIRECTOR HR

OIL AND NATURAL GAS CORPORATION LTD.
JIBON BHARATI TOWER
NEW DELHI-110001.

6:THE EXECUTIVE DIRECTOR

OIL AND NATURAL GAS CORPORATION LTD.
ASSAM ASSETS
EASTERN REGION
NAZIRA
DIST. SIVASAGAR
                                                                 Page No.# 7/11

ASSAM
PIN- 785685.

7:THE GENERAL MANAGER

(HR) R AND P
 REGIONAL R AND P SECTION
 OIL AND NATURAL GAS CORPORATION LTD.
 ASSAM ASSETS
 NAZIRA
 DIST. SIVASAGAR
 ASSAM
 PIN- 785685.

8:THE DEPUTY MANAGER

HR) R AND P
REGIONAL R AND P SECTION
OIL AND NATURAL GAS CORPORATION LTD.
ASSAM ASSETS
NAZIRA
DIST. SIVASAGAR
ASSAM
PIN- 785685.

9:THE DEPUTY MANAGER

(HR)
 OIL AND NATURAL GAS CORPORATION LTD.
 ASSAM ASSETS
 TECHNICAL SERVICES ESTABLISHMENT
 SIVASAGAR
 ASSAM
 PIN- 785640.

10:THE IN-CHARGE
HR-ER
ONGC

AAFB EXPLORATORY ASSET
SRIKONA
SILCHAR
ASSAM
PIN- 788026.
------------
Advocate for : MR. M KALITA
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 9 ORS
                                                                      Page No.# 8/11




                                BEFORE
                 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

21.08.2025

Heard Mr. P.J. Saikia, learned Senior Counsel assisted by Ms. M. Nirola, learned counsel for the petitioner in WP(C) 2813/2021, Mr. J. Hatimuria, learned counsel for the petitioner in WP(C) 3603/2023 & WP(C) 754/2024. Also heard Mr. D. Saikia, learned Senior Counsel assisted by Mr. B.K. Das, learned counsel for the Mr. B. K. Das, learned counsel for the respondent Nos. 2 to 10.

The petitioner Nos. 1, 3, 4, 6, 9 in WP(C) No. 2813/2021 are presently working and holding the post as Fireman Grade II (W-III) and the petitioner No. 8 in WP(C) No.2813/2021 is working as Fireman Grade III (W-II). The both petitioners in WP(C) No. 3603/2023 are presently working and holding the post as Fireman Grade II (W-III) and the both petitioners in WP(C) No. 754/2024 are presently working and holding the post as Chief Firemen (W-VII) under the ONGCL, Nazira, Assam. All the petitioners were inducted into the corporation by process of interview as Junior Firemen W-I level and Fireman Grade III. The grievance of the petitioners is that under the Recruitment & Promotion Regulation, 1980 and pursuant to the amendments made they are placed as Class-IV Firemen and there is no promotional avenues from Class-IV to Class-III and upwards. It is the grievance of the petitioners that the other posts which are available and reflected in the Regulation shows sufficient promotional avenues except for the posts of Class-IV to Class-III Firemen. Beyond the Chief Fireman which is W-VII there is no promotional avenues to the next higher post.

Page No.# 9/11

It is the submission of the learned counsel for the petitioners that earlier prior to the Amendment of 1980 Regulation there was sufficient promotional avenues but these have been modified or amended and the Regulation of 1980 has been brought into service and no promotional avenues have been provided. The learned Senior Counsel for the petitioners submits that the right to be considered for promotion has been recognized as a fundamental right. Therefore, the authority being a Public Sector Undertaking is duty bound in law to provide sufficient avenues for promotion, so as to ensure that the petitioners and other similarly situated persons are duly considered for promotion to the next High post. The learned Senior Counsel for the petitioners submits that the exclusion of the petitioners from the purview of being granted promotional avenues it does not have any legal basis.

During the course of the argument the learned Senior Counsel for the petitioners submits that at present although the initial prayers in the writ petitions were for a direction to the respondent authority, namely the ONGC for modifying or amending the existing promotion policy, granting promotion to the Class-IV Fireman employee to Class-III Fireman employee or higher classes. However, at present he submits that his prayer is limited to issue a direction to the respondent authorities to expeditiously consider and disposed of the representation dated 01.05.2018 preferred by the petitioners which has remained pending.

The learned Senior Counsel for the petitioner submits that this representation although preferred in 2018, no communication to that regard or any orders passed on the representation made by the writ petitioners have been Page No.# 10/11

forwarded to the petitioners. It is submitted that the respondent No.6 namely The Executive Director, Oil & Natural Gas Corporation Ltd., Assets, Eastern Region, Nazira has forwarded the representation to respondent No.3 namely the Executive Director - Chief HRD, ONGC, Dehradun. Thereafter, no further communication has been received.

Mr. D. Saikia, learned Senior Counsel for the respondents although raised the objection with regard to maintainability of the writ petitions on the ground that the issues raised are strictly barred under the Industrial Disputes Act, 1947 and on the judgments which he proposes to press into service, however, in view of the limited prayer of the petitioners that the representation preferred by the petitioners should be disposed of, he does not raise any objection to that limited prayer only. Since the primary issue with regard to issuance of directions to the respondent authority for modification of the policy is not being urged before the Court at present and no orders to that effect will be required to be passed by the Court he submits that the question of maintainability will be raised before the appropriate authority as if and when the petitioners approaches this Court in response to the prayers made originally in the writ petitions.

Having heard the learned counsel for the parties and upon the careful perusal of the regulations, considering the limited prayer made by the petitioners that their representation dated 01.05.2018 has remained pending and for which the respondents have no instructions as on date. This Court disposes of the writ petitions directing the respondent No.3 to expeditiously consider the same and pass appropriate orders disposing of the representation within a period of 30 days from the date of receipt of certified copy of this order.

Page No.# 11/11

If in the meantime the respondent No. 3 had already passed any order, the same shall be served on the writ petitioners.

With the above observations without expressing any opinion on the merits of the case, the writ petitions stand closed and disposed of.

Interim order, if any, stands vacated.

The certified copy of the order is permitted to be served on the respondent No.6 who will be forwarded to the authority before whom the representation is pending, namely respondent No.3.

The petitioners are also permitted to serve a certified copy of this order before respondent No.3 if they choose to.

JUDGE

Comparing Assistant