Page No.# 1/3 vs Udit Gupta
2025 Latest Caselaw 2459 Gua

Gauhati High Court

Page No.# 1/3 vs Udit Gupta on 29 January, 2025

                                                                     Page No.# 1/3

GAHC010280442024




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

                                 Case No. : WP(C)/372/2025

            THE CHAIRMAN CUM MANGING DIRECTOR BSNL AND ANR
            BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, 4TH FLOOR,
            BHARAT SANCHAR BHAWAN, JANPATH NEW DELHI- 110001

            2: THE DIRECTOR (H.R.)
             BHARAT SANCHAR NIGAM LIMITED
             BHARAT SANCHAR BHAWAN
             JANPATH NEW DELHI- 11000

            VERSUS

            UDIT GUPTA
            SUPERINTENDENT ENGINEER (CIVIL) OFFICE OF CHIEF ENGINEER
            (CIVIL), BSNL, PANBAZAR, GUWAHATI, ASSAM, PIN- 781001



Advocate for the Petitioner   : MR G GOSWAMI,

Advocate for the Respondent : MS. S SEAL, FOR CAVEATOR

BEFORE HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KAUSHIK GOSWAMI

29.01.2025.

(Vijay Bishnoi, CJ)

This writ petition is filed by the petitioners challenging the judgment and Page No.# 2/3

order dated 19.07.2024, passed by the Central Administrative Tribunal (CAT), Guwahati Bench, in O.A. No. 040/251/2017.

Learned counsel for the petitioners (respondents in the above-reffered Original Application) has submitted that the Tribunal, vide the impugned Judgement, has assigned seniority to the respondent herein (applicant in the above-reffered Original Application) from 2013 in the grade of Superintending Engineer instead of 2015, which was assigned by the Deparment.

Learned counsel for the petitioners has submitted that the Tribunal has directed the respondents/writ petitioners to promote the respondent from the year 2013 instead of the year 2015 and if the same is implemented, then seniority of many Officers, who were promoted in 2013, is directly going to be affected.

It is submitted that the persons, i.e. Sh. H.S. Bisht & others, directly affected by the revision in the seniority of the respondent herein were not made party before the Tribunal and the Tribunal, without providing any opportunity of hearing to those affected persons, has passed the order impugned directing to promote the respondent herein along with the persons to whom promotion in the grade of Superindending Engineer was granted in the year 2013.

Taking into consideration the above fact that the employees who were directly affected by the revision of the seniority position of the respondent have not been made party, the matter requires consideration.

Issue notice returnable in four weeks.

Ms. S. Kanungoe, learned counsel is appearing on behalf of the sole Page No.# 3/3

respondent.

The counsel for the sole respondent is granted three weeks' time to file response to the writ petition.

In the meantime, the effect and operation of the order dated 19.07.2024, passed by the CAT, Guwahati Bench, in Original Application 040/251/2017, shall remain stayed till the next date.

List the matter after four weeks.

                                        JUDGE              CHIEF JUSTICE

Comparing Assistant