Amar Sarmah vs The State Of Assam And 3 Ors
2025 Latest Caselaw 3643 Gua

Gauhati High Court

Amar Sarmah vs The State Of Assam And 3 Ors on 3 March, 2025

Author: Suman Shyam

Bench: Suman Shyam

                                                                            Page No.# 1/2

GAHC010102052023




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

                                 Case No. : WP(C)/2950/2023

            AMAR SARMAH
            S/O- LT. GOSESH SARMA, VILL- KUMAR GAON, P.O. NA PUMUA KUMAR,
            DIST.- GOLAGHAT, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            TO BE REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF
            ASSAM, PUBLIC HEALTH ENGINEERING DEPTT., DISPUR, GHY-06

            2:THE CHIEF ENGINEER
             PUBLIC HEALTH ENGINEERING DEPTT. (PHE)
            WATER ASSAM
             HENGRABARI
             GHY-06

            3:THE SUPERINTENDING ENGINEER
             (PHE)
            WATER
             JORHAT CIRCLE
             DISTRICT JORHAT
            ASSAM

            4:THE EXECUTIVE ENGINEER
             (PHE)
             GOLAGHAT DIVISION
             GOLAGHAT
             DIST.- GOLAGHAT
            ASSA

Advocate for the Petitioner   : MR. A R BHUYAN, MS. Y AKHTAR,MS. A. BORAH
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Advocate for the Respondent : SC, P H E,




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM

                                             ORDER

03.03.2025 Heard Mr. A. R. Bhuyan, learned counsel for the petitioner. Also heard Mr. R. R.

Gogoi, learned Standing Counsel, PHE Department, Assam, who submits that

the service of the petitioner was regularised against personal post and

therefore, he having held an ex-cadre post, cannot claim promotional benefits.

According to Mr. Gogoi, the issue is covered by the judgment of this Court

rendered in the case of Dilip Talukdar and others Vs. State of Assam and others

reported in 2017 (2) GLT 135.

The petitioner's counsel has prayed for some time to examine the issue.

In view of the above, list this case again after two weeks. In the meantime, the

parties may examine the legal issue and address the Court.

JUDGE

Comparing Assistant