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 of Assistant Engineer by the respondent no.2 vide order dated 28.04.2022, in compliance of a direction given by this Hon’ble Court in WP (C)

3802/2020 on 30.09.2020.

4) The petitioner’s counsel submits that the petitioner had been pursuing the issue of his promotion before the respondent no. 2, vide representation dated 20.07.2.200, on the ground that the petitioner’s degree obtained from the Institution of Civil Engineers (India), Ludhiana, Punjab is a technical education course, while “Orissa Lift Irrigation” deals with degrees obtained from deemed universities.

5) Mr. M. K. Choudhury, learned senior counsel submits that the present case can be disposed of in terms the judgment and dated 30.09.2020 passed in WP (C) 3802/2020, wherein the case of the petitioner therein, who was a Junior Engineer in PWD, Assam is exactly similar to the case in hand. He also submits that subsequent to the Judgment and Order dated 30.09.2020 passed in WP (C) No. 3802/2020, the Secretary to the Govt. of Assam, Public Works Road Department had issued a Speaking Order dated 28.04.2022, wherein he had come to a finding that the petitioner in WP (C) No. 3802/2020, who also had the Section A & B of Associate Membership Examination AMICE (I) in Civil Engineering from Institution of Civil Engineers (India), Ludhiana, could be promoted to the next higher post of Assistant Engineer.

6) Mr. S. Bhuyan, learned counsel for the respondent no. 5 and Ms. A. Talukdar, learned counsel for the respondent no. 1 submit that the present case can be disposed of in line with the Judgement and Order dated 30.09.2020 passed in WP (C) No. 3802/2020.

7) Mr. B. Choudhury, learned counsel for the respondent nos. 2, 3 & 4 submits that a representation should be submitted by the petitioner, to enable the Commissioner and Special Secretary to the Govt. of Assam, PWRD, to take a decision on the grievance of the petitioner.

8) Para 7 & 8 of the Judgement and Order dated 30.09.2020 passed in WP (C) No. 3802/2020 is reproduced below:

“7. In any view of the matter, as the said aspect of declaring the equivalent B.E degree had not been taken into consideration, we deem it appropriate that instead of issuing notice, the matter can be remanded back to the Commissioner and Special Secretary to the Government of Assam in the PWD for a reconsideration of the entire matter.

8. Accordingly, the two orders dated 16.08.2018 and 13.08.2019 are interfered with and the matter stands remanded back to the Commissioner and Special Secretary to the Government of Assam, PWD to consider the case of the petitioner as regards his claim for promotion to the cadre of Assistant Engineer (civil) on the strength of the degree that he is presently holding. The Commissioner and Special Secretary may examine the matter and pass a reasoned ord