Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 8 September, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010147752025
2025:GAU-
AS:12171-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/228/2025
RAMANI KAKATI
S/O LATE KHAGENDRA NATH KAKATI, R/O LICHUBAGAN, HENGRABARI,
P.O. HENGRABARI, P.S. DISPUR, GUWAHATI 36, KAMRUP(M), ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, ANIMAL HUSBANDRY AND VETERINARY DEPTT., DISPUR,
GUWAHATI 06, DIST. KAMRUP (M), ASSAM.
2:THE DIRECTOR
DAIRY DEVELOPMENT ASSAM
KHANAPARA
GUWAHATI 22
DIST. KAMRUP (M)
ASSAM
Advocate for the Petitioner : MR. J I BORBHUIYA, A B T HAQUE,MR A HOSSAIN
Advocate for the Respondent : GA, ASSAM,
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
08.09.2025
(M. Zothankhuma, J)
Mr. J.I. Borbhuiya, learned counsel appears for the appellant. No one
appears for the respondents.
2. The appellant's prayer is for setting aside the judgment dated 10.06.2025,
passed by the learned Single Judge in WP(C) No.7535/2022, by which the
appellant's prayer for promotion to a Grade-III post had been rejected. The
learned Single Judge, while dealing with the issue, relied upon two Division
Bench judgments of this Court, in the case of Dilip Talukdar & 21 Ors. Vs.
State of Assam & Ors., reported in 2017 (2) GLT 135 and Kuladhar
Talukdar & Ors. Vs. State of Assam & Ors., reported in 2021 0
Supreme(Gau) 94, wherein it had been held that regularization of a Grade-IV
worker against a personal post would not ensure his entry in the encadred post,
which was a feeder cadre for promotion to any higher cadre post.
3. Mr. J.I. Borbhuiya, learned counsel for the appellant submits that the
present writ petition can be disposed of, in terms of the order dated 14.05.2025,
passed by a Division Bench of this Court in W.A. No.5/2024, wherein a direction
had been issued to the State Government to consider the applications of those
appellants in W.A. No.5/2024, which was lying with the Government, for
encadrement of their posts. However, as the appellant in the present case had
not submitted any application for encadrement of his post, the appellant may be
allowed to submit an application for encadrement of his post, which the State
Page No.# 3/3
Government should decide, within a reasonable time period.
4. On perusing the order dated 14.05.2025, passed in W.A. No.5/2024, we
find that the fact situation is similar in this case with that of W.A. No.5/2024.
This Court in W.A. No.5/2024 had given the following directions:-
"Learned counsel appearing for the respondents has no objection if such
an observation is made by this Court while disposing of this writ appeal.
In the above facts and circumstances of the case, this writ appeal is
disposed of with the observation that if the case of the appellants for
encadrement of their posts is pending consideration with the State Government
and has not been decided till date, the State Government shall take a decision
on the matter without being influenced by the impugned order passed by the
learned Single Judge in WP(C) No. 5579/2023."
5. On considering the above directions passed in W.A. No.5/2024 and
keeping in view the fact that the appellant herein has not submitted any
application for encadrement of his post till date, this appeal is disposed of with a
direction to the State Government, to take a decision on the encadrement of the
post held by the appellant, provided he submits an application for the same,
within a period of 2(two) weeks from today along with a copy of this order.
6. This writ appeal is accordingly disposed of.
JUDGE JUDGE
Comparing Assistant
