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undefined THE GAUHATI HIGH COURT

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

Case No. : WA/28/2025

HITESH DEKA AND 4 ORS S/O. JOY CH. DEKA, R/O. DISPUR, GUWAHATI-06, DIST. KAMRUP (M), ASSAM, PIN-781006. 2: BHUPEN BARUAH

S/O. LT. CHANDRA KR. BARUAH R/O. NO.2 BANK COLONY NORTH HAIBORGAON

P.O. HAIBORGAON DIST. NAGAON ASSAM

PIN-782002.

3: BHASKAR JYOTI BARUAH S/O. LT. NARESWAR BARUAH

R/O. MADHUPUR WORD NO.28 DIST. BISWANATH

ASSAM PIN-784176.

4: MOUSUMI KAKATI W/O. MR. KHAGESH DEKA VILL. KETEKIBARI

P.O. TEZPUR DIST. SONITPUR ASSAM

PIN-784001.

5: JADAB CH. BARMAN S/O. LT. JATINDRA MOHAN BARMAN R/O. B.R. DEKA PATH

JALUKBARI

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GUWAHATI-14 DIST. KAMRUP (M)

ASSAM PIN-781013

VERSUS THE STATE OF ASSAM AND 6 ORS

REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF PANCHAYAT AND RURAL DEVELOPMENT, DISPUR, GUWAHATI-06.

2:THE COMMISSIONER DEPTT. OF PANCHAYAT AND RURAL DEVELOPMENT

ASSAM PANJABARI GUWAHATI-37.

3:THE SECRETARY GOVT. OF ASSAM

PANCHAYAT AND RURAL DEVELOPMENT DISPUR GUWAHATI-06.

4:THE SECRETARY GOVT. OF ASSAM

DEPTT. OF FINANCE DISPUR GUWAHATI-06.

5:THE ACCOUNTANT GENERAL (A AND E)

ASSAM BELTOLA MAIDAMGAON GUWAHATI-29.

6:DHIREN BHARALI S/O. SRI DHANO RAM BHARALI VILL. KAIHATI P.O. SOLMARA

PIN-781338 DIST. NALBARI ASSAM.

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7:JYOTISH CH. DAS S/O. SRI GANGADHAR DAS VILL. PATANI

P.O. HAJO DIST. KAMRUP ASSAM

PIN-781102

For the appellants : Mr. K.N. Choudhury, Sr. Advocate Mr. C. Goswami, Advocate

Mr. T. Kashyap, Advocate

For the respondents : Mr. R. Borpujari, S.C., Finance Deptt.

– B E F O R E –

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

24-03-2026 (Ashutosh Kumar, C.J.)

We have heard Mr. K.N. Choudhury, learned Senior Advocate for the appellants and Mr. R. Borpujari, learned Standing Counsel, Finance

for the respondent No.4.

The appellants were initially appointed as Junior Engineers in the Department of Panchayat and Rural Development, Assam. Over a period of time, they obtained the associate membership in Civil Engineering, which is commonly referred to as AMICE(I) and is considered to be equivalent to Civil Engineering degree. Based on this qualification,

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the appellants sought promotion to the post of Assistant Engineer under the service rules prevailing at that time, namely, Rule 11(4)(C) of the Assam Panchayat and Rural Development Officers (Technical) Service Rules, 2015 (hereinafter to be referred as “2015 Rules”). When their demands were not met despite the appellants meeting the eligibility criteria, two of them, who are not appellant herein, filed writ petition before this Court vide WP(C) No.279/2015 seeking promotion to the post

of Assistant Engineer on the basis of the degree obtained.

A Single Bench of this Court, vide judgment dated 15.05.2017, directed the State respondents to examine the claim of the petitioners for promotion to the post of Assistant Engineer under the above-mentioned provision of the 2015 Rules. Later, after the filing of a contempt petition by

the writ petitioners, they were promoted vide order dated 10.01.2020.

Thereafter, some of the promoted Assistant Engineers, including the earlier two writ petitioners, filed a writ petition vide WP(C) 5123/2020 claiming retrospective benefits under Rule 11(4)(C) of the 2015 Rules. Their contention was that either they should be promoted with effect from the date of the judgment in WP(C) No.279/2015, or within six months

of that date.

This Court, after hearing the parties and taking into account the interest of justice and equity, directed for granting notional benefits to those applicants with effect from a date after six months of the date of

judgment passed in WP(C) No.279/2015 i.e. from 15.11.2017.

However, while doing so, this Court had clarified that the benefits granted to those applicants would be notional only, meaning thereby

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that they would not be entitled to any back wages and that the order would

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