GAHC010126632024 2025:GAU-AS:16987

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3656/2024

PRASAD KUMAR ROY AND 2 ORS.

S/O- LATE PRASANTA KUMAR ROY, R/O- KALIMOHAN ROAD, TARAPUR, SILCHAR-3, P.O. TARAPUR, P.S. SILCHAR SADAR, DIST. CACHAR, ASSAM

2: SANJIB KUMAR ROY

S/O- LATE SATYA RANJAN ROY

VILL.- RAM NAGAR

P.S. LAKHIPUR DIST. CACHAR

ASSAM

3: MOIN UDDIN CHOUDHURY

S/O- LATE ROWAB ALI CHOUDHURY VILL. AND P.O. GOSSAIPUR PART-III

P.S. UDHARBOND

DIST. CACHAR

ASSA

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DISPUR,

GUWAHATI-6.

2:THE CHIEF ENGINEER

PUBLIC HEALTH ENGINEERING DEPARTMENT WATER

ASSAM

HENGRABARI GUWAHATI-36.

3:THE ADDITIONAL CHIEF ENGINEER

PUBLIC HEALTH ENGINEERING

BARAK VALLEY ZONE

SILCHAR.

4:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING CACHAR SILCHAR.

5:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING SILCHAR DIVISION NO. I CACHAR SILCHAR.

6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING SILCHAR DIVISION NO. II CACHAR SILCHAR Advocate for the Petitioner : MR H R A CHOUDHURY, MR F U BARBHUIYA,J M SULAIMAN,MS S DAS Advocate for the Respondent : GA, ASSAM, SC, P H E BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

03/12/2025 Heard Mr. F U Barbhuiya, learned counsel for the petitioners. Also heard Ms. M Bhattacharjee, learned Additional Senior Government Advocate for the respondent No. 1 and Mr. R R Gogoi, learned Standing counsel, Public Health Engineering Department for the respondent Nos. 2 to 6.

2. The grievance raised by the petitioners in the present writ petition is with regard to the non-consideration of their cases for promotion to the posts of Junior Assistant, available in the establishment, where they are presently working, insipte of they fulfilling the requisite eligibility criterias mandated for such consideration and the undertaking given in this connection before this Court by the authorities, in the earlier round of litigation, for extending to them due consideration for promotion, as and when vacancies become available for the purpose.

3. The petitioners in the writ petition have projected that the petitioner No. 1 and the petitioner No. 2, were initially engaged in the establishment of the Executive Engineer, Public Health Engineering, Silchar Division No. II, Cachar, Silchar, i.e., the respondent No. 6, as Work Charged Khalasi/Muster Roll Worker in the year 1987 and 1992, respectively. The petitioner No. 3, is projected to have been engaged as a Work Charged Khalasi in the establishment of the Executive Engineer, Public Health Engineering, Silchar Division No. I, Cachar, Silchar, i.e., the respondent No. 5 in the year 1988. As the petitioners were continuing in their respective services, the petitioner No. 1 was brought to the regular establishment as a Khalasi vide issuance of an office order dated 20.11.2003. The regularization of the services of the petitioner No. 1 was so effected, w.e.f. 01.12.2003. The petitioner No. 2 was regularized in his services as a Work Charged Khalasi, w.e.f. 22.07.2005, vide issuance of an office order dated 06.10.2005. Likewise, the petitioner No. 3, vide an office order dated 24.12.2003 was brought over to the regular establishment, w.e.f. 01.12.2003 and engaged as a Khalasi.

The petitioners, upon vacancies arising against the post of Junior Assistant in the establishment, wherein, the petitioners were so working, staked a claim for being considered for promotion against the said posts. The claim of the petitioners for consideration for promotion to the post of Junior Assistant in their respective establishments, having not been considered by the respondent authorities, the petitioners, along with others approached this Court by way of instituting writ petitions, being WP(C) No. 5068/2018 and WP(C) No.

5083/2018.

A Co-ordinate Bench of this Court, on considering the issues arising in the matter, was pleased vide order dated 13.03.2019, to dispose of the said writ petitions, by directing th