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2023 Supreme(Gau) 31

DEVASHIS BARUAH
Dilip Chandra Kalita, S/o. Late Kamala Kanta Kalita – Appellant
Versus
State Of Assam, Rep. by The Chief Secretary To The Govt Of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Sahu.
For the Respondent: Mr. B. Gogoi.

JUDGMENT :

1. Heard Mr. S. Sahu, the learned counsel appearing on behalf of the petitioner and Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the Finance (Taxation) Department, Government of Assam. None has appeared on behalf of the respondent No.5.

2. It appears from the records that on 22.12.2021, the Lawazima Court has deemed service upon the respondent No.5 in terms with the provisions of Section 27 of General Clauses Act, 1897.

3. The dispute involved in the instant writ petition is that the petitioner has not been promoted to the post of Junior Assistant with retrospective effect from the date of promotion of respondent No.5, for which the petitioner has sought for a Mandamus directing the respondent authorities to immediately promote the petitioner to the post of Junior Assistant, with retrospective effect from the date of promotion of the respondent No.5, as well as for a writ of Certiorari for setting aside and quashing the promotion order dated 01.02.2018 passed by the respondent No.4 in favour of the respondent No.5.

4. For appreciating the dispute, it would be relevant to take note of the brief facts of the instant case. The petitioner herein has admitted

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