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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
ASHIM KUMAR NATH AND ANR – Appellant
Versus
THE STATE OF ASSAM AND 4 ORS – Respondent


Advocates:
['M K CHOUDHURY', '', 'A BARKATAKI', 'M SARMA', 'ANASUYA C', 'P BHARDWAJ', 'GA', 'ASSAM', '', 'SC', 'TECHNICAL EDU', 'PWD']

ORDER

08.08.2022 Date :

Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. A.

Barkataki, learned counsel appearing for the petitioners.

2) The petitioners’ case is that they have been serving as Junior Engineer (Civil), PWD, after being selected and appointed vide Office Orders dated 30.10.2004 and 29.09.2005. In the year 2011, the petitioners 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 petitioners are eligible to be promoted to the post of Assistant Engineer.

3) The petitioners’ grievance is that on 16.08.2018, the respondent no. 2 passed a speaking order rejecting the claim of the petitioners 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 petitioners and were only known to the petitioner, when one of the petitioners Sri Prabin Talukdar in WP (C) No. 7402/2015

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