Saju Kumar Jadav vs The State Of Assam
2025 Latest Caselaw 2276 Gua

Gauhati High Court

Saju Kumar Jadav vs The State Of Assam on 24 January, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                      Page No.# 1/2

GAHC010007102025




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

                                 Case No. : WP(C)/293/2025

            SAJU KUMAR JADAV
            S/O DULAL CHANDRA GHOSE, M.SC. DEPUTY DIRECTOR, IN THE OFFICE
            OF DIRECTOR OF SECONDARY EDUCATION, ASSAM, R/O HOUSE NO. 19,
            SOUTH BYE LANE NO. 2, LACHITNAGAR, GUWAHATI, KAMRUP (M),
            ASSAM, PIN-781007



            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
            DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION
            DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK-C, DISPUR,
            GUWAHATI, ASSAM, PIN-781006



Advocate for the Petitioner   : MR. B PURKAYASTHA,

Advocate for the Respondent : SC, SEC. EDU.,




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

24.01.2025 Heard Mr. B. Purkayastha learned counsel for the petitioner. Issue notice returnable within four weeks.

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Mr. N.J. Khatoniar, learned Standing Counsel, Education Department appears for the respondents.

The petitioner is aggrieved by the down grading in his ACRs resulting in denying promotion, the petitioner was entitled. It is submitted that his down grading is done by accepting Officer without putting him notice and the same is violated of the accepted principal laid down in law and violative of relevant rules Assam Services (Confidential Rolls) Rules, 1990 as well as the principal laid down in Dev Dutt Vs Union of India and Ors. Reported in (2008) 8 SCC 725 and the judgment of this Court in Subash Kushwaha Vs. The Union of India and Ors. Being aggrieved the present writ petition is filed.

Issue notice returnable within four weeks. Since Mr. N.J. Khatoniar, represents the respondents notices waived. However, extra copies be furnished to the learned counsel for the respondents within a period of three working days from today.

Issue notice on the interim prayer returnable on 24.02.2025. In view of the submissions made till the next returnable date one post of Additional Director under the Department of School Education shall not be filled up without leave of the Court.

List on 24.02.2025.

JUDGE

Comparing Assistant