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2021 Supreme(Gau) 33

KALYAN RAI SURANA
Ganesh Chandra Pathak, S/O Lt. Sanatan Pathak – Appellant
Versus
State Of Assam Rep. By The Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. R. Dubey, Advocate
For the Respondent:Mrs. M.D. Borah, Govt. Advocate

JUDGMENT :

Heard Mr. R. Dubey, learned counsel for the petitioner and Mrs. M.D. Borah, learned Govt. Advocate, appearing for the respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the legality of the order dated 06.06.2017, passed by the Addl. Secretary to the Govt. of Assam, Transport Department by which the respondent authorities had revoked the promotion of the petitioner to the post of Enforcement Inspector (‘EI’ for short), despite the fact that he had superannuated as EI on 31.03.2017.

3. The facts which are not in dispute is that the petitioner had joined service as Lower Division Assistant (‘LDA’ for short) vide order dated 04.10.1985. Thereafter, by order dated 16.09.2013, he was promoted to the post of Upper Division Assistant (‘UDA’ for short). The Transport Department held Departmental Promotion Committee (‘DPC’ for short) on 30.07.2013 for selecting candidates for promotion to the post of EI for the vacancies arising in the year 2010, 2012 and 2013, and the name of the petitioner and others were recommended by the DPC. Accordingly, the petitioner was promoted to the post of EI vide notification no. TM

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