GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
JAYANTA KUMAR GOSWAMI – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS – Respondent
ORDER
05.08.2022 Date :
Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. A.
Barkataki, learned counsel appearing for the petitioner.
2) The petitioner’s case is that he has serving as a Junior Engineer (Civil), PWD, after being selected and appointed vide Office Order dated 15.09.1995. In the year 2011, the petitioner obtained the “Section A & B of Associate Membership Examination AMICE(I) in Civil Engineering” from the Institution of Civil Engineers (India), Ludhiana, Punjab which is equivalent to a BE degree and as such, as per the recruitment rules, the petitioner is eligible to be promoted to the post of Assistant Engineer.
3) The petitioner’s grievance is that on 16.08.2018, the respondent no. 2 passed a speaking order rejecting the claim of the petitioner for promotion from the post of Junior Engineer to Assistant Engineer, on the ground that the Apex Court in its judgment passed in “Orissa Lift Irrigation” observed that degree obtained by the petitioner is not recognized. The same order was never communicated to the petitioner and was only known to the petitioner, when one of the petitioners Sri Prabin Talukdar in WP (C) No. 7402/2015, was promoted to the post o
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