GAHC010014052013 2024:GAU-AS:8042 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7411/2013 RAMESH PRASAD and ANR.

S/O- LT. JAGANNATH PRASAD, PUND ROAD, P.S. and DIST.- DHUBRI.

2: AWAL MOJID S/O- LT. SARABUDDIN SHEIKH VILL.- RANGAPANI PT- II P.S.- BILASHIPARA DIST.- DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REP. BY COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, PWD DEPTT., DISPUR, GHY- 6.

2:CHIEF ENGINEER PWD ROADS ASSAM CHANDMARI GHY- 3.

3:EXECUTIVE ENGINEER PWD RURAL ROADS DIVISION P.O. and DIST.- DHUBRI Advocate for the Petitioner : MR.N H MAZARBHUYAN, MS.L WAJEEDA,MR.K MIRA,MR.N ISLAM Advocate for the Respondent : MS.B BHUYAN, ,,SC, PWD BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

26/02/2026 Heard Ms. L Wajeeda, learned counsel for the petitioners and Mr. R Dhar, learned Standing counsel, Public Works Department, appearing for the respondents.

2. Ms. Wajeeda, learned counsel for the petitioners, at the outset, has submitted that the present writ petition is being pressed only in respect of the petitioner No. 2, inasmuch as, during the pendency of the present proceedings, the petitioner No. 1 had passed away. She submits that no substitution of the legal heirs of the petitioner No. 1 was also made by the petitioners. Accordingly, this Court would consider the present writ petition only in respect of the petitioner No. 2, herein, Awal Majid.

3. The petitioners have instituted the present proceedings praying for a direction upon the respondent authorities for upgradation of their posts to that of Lower Division Assistant/Section Assistant.

The petitioner No. 2, herein, was appointed as a regular Chowkidar (Grade-IV) on

01.01.1994 in the establishment of the respondent No. 3, i.e., the Executive Engineer, PWD (Rural Roads) Division, Dhubri. The petitioner No. 2 continued to discharge his duties in such capacity. Vacancies having arisen in the post of Lower Division Assistant/Section Assistant, the petitioner No. 2 submitted a representation before the authorities praying for his promotion against the vacant post of Grade-III, available in the establishment of the respondent No. 3.

It is projected that although, proposals were prepared for the purpose of promotion of the petitioner No. 2 to the next higher post figuring in Grade-III of the service, no final order came to be passed in the matter and the petitioner No. 2 continued to serve against the Grade-IV post, he was originally appointed to.

It is further projected by the petitioner No. 2 that during the pendency of the present writ petition, the respondent authorities had promoted 2 (two) persons junior to the petitioner No. 2 in the Grade-IV service, to the post of Grade-III ignoring the case of the petitioner No. 2, herein.

In the above background, the petitioner No. 2 prays that his case be directed to be considered for promotion to the post, figuring in Grade-III cadre of the service with retrospective effect, at least, w.e.f. the date his juniors were so promoted.

4. Ms. Wajeeda, learned counsel for the petitioners, by reiterating the facts, noticed hereinabove, has submitted that admittedly the fundamental rights vested in the petitioner No. 2 for having his case considered for promotion to the post figuring in Grade-III of the service was violated, inasmuch as, while juniors came to be so promoted, the case of the petitioner No. 2 was not extended with similar consideration. Accordingly, she submits that a violation of the fundamental rights of the petitioner No. 2 having occasioned, this Court would direct the respondent authorities to consider the case of the petitioner for promotion to any of the vacant Grade-III post with retrospective effect, i.e., w.e.f. the date his juniors were so promoted.

Ms. Wajeeda, learned counsel for the petitioners has submitted that the petitioner No.

2 was regularly approaching the respondent authorities by way of submission of representations praying for consideration of