Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 6 Ors on 3 September, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010180852025
2025:GAU-AS:11976
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4723/2025
DIBAKOR DAS
S/O- LATE DR. NIKUNJA BEHARI DAS, DFO (DIVISIONAL FOREST
OFFICER), DHEMAJI FOREST DIVISION, LACHIT NAGAR, DHEMAJI,
ASSAM, R/O- AASHI NIWAS, C-6, OPP. GURUKUL THE SANSKRIT SCHOOL,
BHABANANDA BORO PATH, AHOM GAON, GUWAHATI-35.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF ENVIRONMENTAL AND
FOREST, DISPUR, GUWAHATI-06.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF ENVIRONMENTAL AND FOREST
DISPUR
GUWAHATI-06.
3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
PERSONNEL (B) DEPARTMENT
DISPUR
GUWAHATI-06.
4:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF ENVIRONMENTAL AND FOREST
DISPUR
GUWAHATI-06.
5:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF ENVIRONMENTAL AND FOREST
DISPUR
GUWAHATI-06.
Page No.# 2/4
6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HOF
ASSAM
PANJABARI
GUWAHATI-37.
7:THE SECRETARY
ASSAM PUBLIC SERVICE COMMISSION
KHANAPARA
JAWAHARNAGAR
GUWAHATI-22
Advocate for the Petitioner : MR. P K DEKA, MR. I H LASKAR,MR. P DAIMARY,MR. R.
KARIM,MS. N M LONGKENG,J MEDHI,R BORAH
Advocate for the Respondent : GA, ASSAM, SC, APSC,SC, FOREST
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 03.09.2025
Heard Mr. P.K. Deka, learned counsel for the petitioner; B.N. Goswami, learned
Additional Advocate General for respondent nos. 1, 2, 4, 5 & 6; Ms. U. Sharma, learned Junior
Government, Assam for the respondent no. 3; and Ms. P. Sharma, learned counsel
representing Mr. T.J. Mahanta, learned Senior Counsel & Standing Counsel, APSC for the
respondent no. 7.
2. The petitioner who is a member of the Assam Forest Service and in presently serving
in the rank and post of Divisional Forest Officer [DFO] has approached this Court by the
instant writ petition seeking inter alia a direction to the respondent authorities in the
Environment and Forest Department to prepare a final gradation list in deference to a
direction given by a coordinate Bench of this Court in a Judgment and Order dated
09.04.2024 rendered in a writ petition, W.P.[C.] no. 4948/2020 and three other connected
writ petitions. The petitioner has also referred to an Order dated 20.03.2025 passed in a
review petition, Review Petition no. 106/2024 preferred by him.
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3. According to the petitioner, as per the Judgment and Order dated 09.04.2024 read
with the Order dated 20.03.2025 in the Review Petition no. 106/2024, the respondent
Environment and Forest Department Authorities are required to fix the inter-se seniority of
the Forest Rangers of 1989-1991 batch by following the mandate contained in an Office
Memorandum dated 11.02.2020, which was reaffirmed by another Office Memorandum dated
20.12.2005, and thereafter, to publish the final gradation list of the Forest Rangers for the
relevant period. There is another direction to the effect that the consequential seniority and
other service benefits are to be given to the parties involved based on the final gradation list
in the promotional post. It has been mentioned that the departmental authorities shall also
consider the claim of the parties for promotion to the rank of Deputy Conservator of Forest
[DCF] / Divisional Forest Officer [DFO] by taking into account their seniority positions in the
feeder cadre. Such exercise was directed to be carried out within a period of three months
from the date of receipt of a copy of the said Judgment and Order.
4. Seeking implementation of the said directions, the petitioner has stated that he has
already submitted a representation before the respondent no. 6 on 11.04.2025 and the
receipt of the said representation has been duly acknowledged. As the said representation
has not yet been considered, the petitioner is before this Court by the instant writ petition.
5. Mr. Goswami, learned Additional Advocate General appearing for the afore-stated
respondents has submitted that having regard to the relevant facts and law involved, it has
been decided by the Environment and Forest Department to prefer an appeal against the
Judgment and Order dated 09.04.2024. The writ appeal is likely to be filed within a short
time. It is in view of such subsequent developments, the representation submitted by the
petitioner has not been taken on board for consideration and disposal.
6. Mr. Deka, learned counsel appearing for the petitioner has submitted that such
subsequent developments may not be a bar for the respondent authorities in the
Environment and Forest Department to consider and dispose of the representation in
accordance with law. Mr. Deka has further submitted that the petitioner has only nine months
of service left as he is going to retire on superannuation in March, 2026.
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7. In view of the above submissions made by the learned counsel for the parties, I am of
the considered view that the appeal, which is being contemplated, may not be a bar for the
respondent authorities in the Environment and Forest Department to take the representation
on board. Considering the fact that the petitioner is waiting for a decision on his inter-se
seniority position prior to his retirement on superannuation, this writ petition is disposed of
with a direction to the competent authority [the respondent no. 6] in the respondent
Environment and Forest Department to take the representation dated 11.04.2025, submitted
by the petitioner on board, and thereafter, to consider and dispose of the same by was of a
reasoned order within a period of 30 [thirty] days from the date of submission of a certified
copy of this order by the petitioner at the office of the respondent no. 6. The competent
authority [respondent no. 6] in the respondent Environment and Forest Department shall
consider the representation on its own merits and in accordance with law. It is made clear
that this Court has not made any observation as regards the merits of the claim of the
petitioner.
8. With the observation made and direction given above, the writ petition is disposed of.
No Cost.
JUDGE
Comparing Assistant
