Gauhati High Court
Sri Dumgan Khabom Singpho vs The Gauhati High Court And 2 Ors on 16 February, 2022
Bench: N. Kotiswar Singh, Malasri Nandi
Page No.# 1/3
GAHC010121982021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3711/2021
SRI DUMGAN KHABOM SINGPHO
S/O LT. D.G.Z. SINGPHO, PRESENTLY SERVING AS PROGRAMMER,
GAUHATI HIGH COURT, ITANAGAR PERMANENT BENCH,
NAHARLAGUN,
PAPUMPARE
DIST. , ARUNACHAL PRADESH
VERSUS
THE GAUHATI HIGH COURT AND 2 ORS
THROUGH THE REGISTRAR GENERAL,
GAUHATI HIGH COURT, GUWAHATI.
2:THE REGISTRAR GENERAL
GUWAHATI
DIST. KAMRUP,
ASSAM.
3:THE REGISTRAR
GUAHATI HIGH COURT
ITANAGAR PERMANENT BENCH
NAHARLAGUN
ARUNACHAL PRADESH
Advocate for the Petitioner : MR. D PANGING
Advocate for the Respondent : MR. U K NAIR
Page No.# 2/3
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MRS. JUSTICE MALASRI NANDI
:: O R D E R ::
16.02.2022 [N. Kotiswar Singh, J] Heard Mr. D. Panging, learned counsel for the petitioner. Also heard Mr. U.K. Nair, learned Senior Counsel for Gauhati High Court assisted by Ms. A. Boro, learned counsel for the respondents.
In this petition, the petitioner has sought for a direction to the respondent authorities to prepare an appropriate scheme to incorporate promotional avenues for the post of Programmer under the Gauhati High Court Services (ACC) Rules, 1967. The petitioner has also sought for a direction to the respondent authorities to consider his promotion from the post of Programmer to the higher post of System Analyst (Gazetted).
As regards the second relief claimed, it has been submitted by Mr. U.K. Nair, learned Senior Counsel for the Gauhati High Court that at present there is no vacancy available in the higher post of System Analyst (Gazetted) as the vacancy had been already filled up by way of direct recruitment.
Under this circumstance, in absence of any vacancy to the post of System Analyst (Gazetted), the question of consideration of promotion does not arise.
As regards the first relief claimed, we are of the view that the petitioner may approach the authorities first by submitting necessary representation in that regard, as creation of promotional avenues would require proper examination of the various parameters and as such, we are of the view that it would be more appropriate for the petitioner to first approach the authorities concerned and in the event, he is not satisfied with the decision of the respondent authorities, he can approach this Court again.
Accordingly, the present petition is closed with liberty to the petitioner to approach the authorities for consideration of appropriate promotional avenues for the post of Programmer.
Page No.# 3/3 It goes without saying that if the petitioner is not satisfied with the response of the authorities, he would be at liberty to approach this Court again.
JUDGE JUDGE Comparing Assistant