GAHC010134852018

2026:GAU-AS:88

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4302/2018

SWAPAN KR. DAS AND 4 ORS.

S/O- RABINDRA KR DAS, R/O- BANAMALI ROAD, KARIMGANJ, P.O AND

DIST- KARIMGANJ, ASSAM

2: BIDHU BHUSAN DAS

S/O- LATE BARINDRA DAS

R/O- MAIN ROAD

KARIMGANJ

P.O AND DIST- KARIMGANJ

ASSAM

3: HRITENDRA BISWAS

S/O- SANTI LAL BISWAS

R/O- L B ROAD

KARIMGANJ

P.O AND DIST- KARIMGANJ

ASSAM

4: ASHUTOSH DAS

S/O- LATE SANTOSH DAS

R/O- SUBHASNAGAR PWD (COLONY)

DIST- KARIMGANJ

ASSAM

5: PRANAB SHUKLA

S/O- PIYARI MOHAN SUKLA

NAYABARI

TILABAZAR

DIST- KARIMGANJ

ASSA

VERSUS

THE STATE OF ASSAM AND 5 ORS

REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM, PUBLIC WORKS DEPTT, DISPUR, GUWAHATI- 06

2:THE CHIEF ENGINEER PWD (ROADS)

ASSAM CHANDMARI GHY- 03

3:THE SUPERINTENDING ENGINEER PWD (ROADS)

CACHAR CIRCLE SILCHAR DIST- CACHAR ASSAM

4:THE EXECUTIVE ENGINEER PWD KARIMGANJ RURAL ROADS DIV KARIMGANJ DIST- KARIMGANJ ASSAM

5:PRANAB RANJAN DHAR S/O- LATE PRANESH CH DHAR C/O- OFFICE OF THE ASSTT EXECUTIVE ENGINEER PWD (RR)

SUBDIVISION KARIMGANJ P.O AND DIST- KARIMGANJ ASSAM PIN- 788710

6:SANJOY ROUTH S/O- LATE SHYAMLAL ROUTH R/O- SUBHASNAGAR PWD COLONY P.O AND DIST- KARIMGANJ ASSAM PIN- 78871 Advocate for the Petitioner : MR. M DUTTA, MR S DAS,MR. S HAQUE Advocate for the Respondent : GA, ASSAM, MS B DEVI(R-6),MR. S P CHOUDHURY (R-6),MS.

S. SHARMA (S.C.PWD),MR. S K GHOSH (R6),MS F AHMED (R6)

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

05.01.2026 Date :

Heard Mr. M. Dutta, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned Standing Counsel, PWD(Roads), Assam, appearing for the respondent nos.1, 2, 3 and 4. Also heard Mr. S. P. Choudhury, learned counsel, appearing for the respondent no.6.

2. The petitioners in the present proceedings have prayed for a direction upon the respondent authorities for considering their respective cases for promotion to the post figuring in the Grade-III cadre of the service in terms of the provisions of the Assam Ministerial District Establishment Service Rules, 1967.

3. The petitioners, herein, were initially recruited against post figuring in Grade-IV in the establishment of the Executive Engineer, Public Works Department, Karimganj Rural Roads Division. The petitioners having served in such capacity for a long period of time and their cases not being considered for promotion to the next higher grades of the service, had approached this Court, along with other similarly situated persons, by way of instituting writ petitions being WP(C).No.5606/2010, WP(C).No.6103/2010 and WP(C).No.6232/ 2010.

A co-ordinate Bench of this Court, vide order dated 03-11-2015, proceeded to dispose of the said writ petitions by directing the respondent authorities to work out the year-wise vacancies in respect of the posts available in Grade-III category including the posts of Lower Division Assistant and Section Assistant. On such determination of year- wise vacancies available for promotion from Grade-IV category, by applying the ratio of 90:10, as provided for in the provisions of Rule 6 of the Assam Ministerial District Establishment Service Rules, 1967, to fill up the said vacant posts.

Before the issuance of the said directions by the co-ordinate Bench of this Court, the provisions of the Assam Ministerial District Establishment Service Rules, 1967, were amended by the Amendment Rules of 2015, which was notified on 15-10-2015. In terms of the Amendment now brought into effect, for an incumbent in the Grade-IV cadre to be eligible for being considered for promotion to the promotional posts identified in the Grade-III cadre of the services he must have a graduate qualification.

The petitioners in the present proceedings do not have a graduate qualification. In terms of the directions passed by the co-ordinate bench of this Court vide the said order dated 03-11-2015, the Commissioner and Special Secretary, Public Works Road Department proceeded vide a speaking order dated 06-12-20