Back
2025 Supreme(Online)(Gau) 6671
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Mr. Ashutosh Kumar, C, Arun Dev Choudhury, JJ
Dr. Satyajit Paul – Appellant
Versus
The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Education (Technical) Department – Respondent
WRIT APPEAL NO.191 OF 2025 | WRIT APPEAL NO.184 OF 2025 | WRIT APPEAL NO.193 OF 2025
Important Points
Subject
Administrative Law - Employment and Service Law
Act Referred
Headnote
(B) Right to promotion - Statutory right, but not absolute; promotion effective from assumption of duties - Not entitled to retrospective financial benefits post-retirement. (Paras 26, 34)
Facts of the case:
The appellant was appointed as Lecturer, later promoted to Associate Professor under CAS. Superannuation raised from 60 to 65 years; promotion under challenge due to withdrawal of office memorandum for lack of financial approval.
Findings of Court:
Appellant entitled to financial benefits from promotion from 17.05.2018 until retirement on 31.03.2022, but promotion vacated due to withdrawal of prior memo.
Issues: Validity of promotion post-retirement; the effect of withdrawn office memorandum.
Ratio Decidendi: Promotion could not be effective after retirement as the appellant failed to assume the new role prior to such retirement; the financial approval is necessary for valid promotion.
Result: Appeals partially allowed.
For the Appellants/Petitioners:Mr. K.N. Choudhury, Senior Advocate, assisted by Mr. R.M. Deka, Advocate
For the Respondents: Mr. K. Gogoi and Mr. S. Das, Standing Counsel, Education (Higher) Department
Mr. R.K. Talukdar, Standing Counsel, Accountant General
| Table of Content |
|---|
| 1. promotion under the career advancement scheme post-retirement was contested. (Para 5 , 6) |
| 2. court emphasized the need for financial approval in promotions. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 3. all arguments revolved around administrative processes affecting the promotion. (Para 30 , 31 , 32) |
| 4. limited financial benefits granted while acknowledging improper promotion. (Para 34 , 36) |
JUDGMENT & O RDER (CAV)
(Ashutosh Kumar, CJ)
All the 3(three) writ appeals have been taken up together and are being disposed off by this common judgment.
2. We have heard Mr. K.N. Choudhury, learned Senior Advocate, assisted by Mr. R.M. Deka, learned Advocate for the appellants; Mr. K. Gogoi and Mr. S. Das, learned Standing Counsel, Education (Higher) Department and Mr. R.K. Talukdar, learned Standing Counsel, Accountant General for the official respondents.
3. These appeals are directed against the common judgment and order dated 10.04.2025 passed by a learned Single Judge of this Court in WP(C) No.2789/2024; WP(C) No.5804/2022 and WP(C) No.295/2023.
4. It would only be appropriate to first refer to the facts of the case before adverting to the impugned judgment.
5. The appellant, pursuant to a valid selection process conducted by the Assam Public Service Commission (APSC), was appointed as a Lecturer in Mechanical Engineering Department in Gauhati University. Thereafter, he acquired higher degrees and rose to the rank of Associate Professor under the Career Advancement Scheme (CAS) with effect from 01.01.2006.
After the establishment of the Golaghat Engineering College in the year 2018, considering the past record of the appellant, he was appointed as In-charge Principal of the said Engineering College till the selection of a regular Principal of the College.
6. The Government of Assam in the Higher Education (Technical) Department, vide Office Memorandum dated 29.07.2021, raised the age of superannuation of the incumbents serving in Professor Grade, promoted through CAS of the Government Engineering Colleges of Assam, from 60 to 65 years.
In the meantime, another development took place.
The All India Council for Technical Education (AICTE), vide a Public Notice dated 09.08.2021, extended the date for completing Orientation/Refresher Courses/Short Term Training Programmes/ Continuing Education Programmes, for promotion under CAS for Faculty Members/Librarians/PTIs in Degree/Diploma level Institutions up to 31.12.2018 for all the candidates to ensure uniformity. All the AICTE approved Institutions were requested to comply with the above provision of extension of time for the purposes of promotion.
7. Thereafter, the scrutiny process began for promoting the Assistant Professors to the Grade of Professor. The Head of Department of Mechanical Engineering Department, Jorhat Engineering College submitted a scrutiny report regarding the appellant, confirming that he had completed the mandatory Short-Term Training programmes of 1(one) week and 2(two) weeks duration on 17.05.2018 in accordance with the AICTE Notification and, therefore, he became eligible for promotion to the post of Professor under the CAS on or after 18.03.2018.
8. Based on the said scrutiny report, the Director, Technical Education, Assam submitted a proposal on 16.03.2022 before the Government of Assam in the Department of Education for adoption of AICTE Public Notice regarding extension of date for completing such courses up to 31.12.2018 for the purposes of promotion of Faculty Members of Engineering Colleges under the CAS.
9. The Government of Assam in the Education Department adopted the recommendations of the AICTE regarding extension of the date for completing the Short-Term Training Programme for promotion of Faculty Members of Engineering Colleges under the CAS up to 31.12.2018 vide Office Memorandum dated 28.03.2022.
This had prepared the stage for promotion of the appellant to the post of Professor, who was set to retire at the age of 60 years on 31.03.2022.
10. The Depar
