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GAHC010068262026

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

Case No. : WP(C)/1964/2026

SMTI BANASHREE MALAKAR D/O SRI RAJA RAM MALAKAR, A PERMANENT RESIDENT OF HOUSE NO.

6, SEWALI PATH, NEAR TULA FCATORY, AMBARI FATASIL, DISTRICT -

KAMRUP M, ASSAM., PIN- 781025

VERSUS

THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, ASSAM ENGINEERING (IRRIGATION DEPARTMENT), 2ND FLOOR, BLOCK - I, JANATA BHAWAN, DISPUR, GUWAHATI - 781006, DISTRICT - KAMRUP M,

ASSAM.

2:THE CHIEF ENGINEER (IRRIGATION)

CHANDMARI GUWAHATI - 781003

DISTRICT - KAMRUP M ASSAM

3:THE CHIEF ENGINEER (MINOR IRRIGATION)

CHANDMARI GUWAHATI - 781003

DISTRICT - KAMRUP M ASSAM

Advocate for the Petitioner : MR. M K CHOUDHURY, MR. R BORPATRA,MR. M SARMA

Advocate for the Respondent : SC, IRRIGATION,

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

06.04.2026 Date :

Heard Mr. M Sharma, Learned Counsel for the Petitioner. Also heard Mr.

N Upadhyay, Learned Standing Counsel, Irrigation Department, Assam.

2. The petitioner, herein, who was recruited, in pursuance to a process of selection, as a Junior Engineer (Civil), under the Irrigation Department, Assam, and appointed vide notification dated 29.10.2022, has instituted the present Writ Petition, praying for consideration of her case, for promotion to the Cadre of Assistant Engineer, by invoking the provisions of sub-Section (5) of Section 11 of the Assam Engineering (Irrigation Department) Service Rules, 1978. The petitioner, herein, had, however, acquired the qualification mandated for recruitment against the post the Assistant Engineer, prior to her appointment as Junior Engineer (Civil), effected vide the notification

dated 29.10.2022.

3. Issue notice returnable by 4 (Four) weeks.

4. Mr. N Upadhyay, Learned Standing Counsel, Irrigation Department, Assam, accepts notice on behalf of all the respondents. Since all the respondents have been represented, no formal notice is required to be issued. However, extra copies, requisite in numbers, be furnished to the

learned counsel for the respondents, within 2 (Two) working days.

5. Registry to list this matter again after 4 (Four) weeks on a date to be fixed by it.

6. On the next date of listing, Mr. N Upadhyay, Learned Standing Counsel, Irrigation Department, Assam, shall invariably bring on record, the stand of

the respondents represented by him, by way of filing an affidavit.

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JUDGE

Comparing Assistant