Gauhati High Court
Munnalal Koiri vs The State Of Assam And 4 Ors on 4 December, 2019
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
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GAHC010238592019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7553/2019
1:MUNNALAL KOIRI
SON OF LATE HARI PRASAD KOIRI, PERMANENT RESIDENT OF VILLAGE-
CHANDKHIRA, POST OFFICE CHANDKHIRA, POLICE STATION-
PATHERKANDI, DISTRICT KARIMGANJ, ASSAM- 788726. PRESENTLY
RESIDING AT GACHKALIBARI ROAD, KARIMGANJ, WARD NO. 8, POST
OFFICE AND POLICE STATION- KARIMGANJ, DISTRICT- KARIMGANJ,
ASSAM- 788710.
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, JUDICIAL
DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 781006.
2:GAUHATI HIGH COURT
REPRESENTED BY THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI- 781001.
3:THE REGISTRAR (ADMINISTRATION) CUM IN CHARGE
CENTRALIZED RECRUITMENT CELL
GAUHATI HIGH COURT
GUWAHATI- 781001.
4:THE DISTRICT AND SESSION JUDGE
KARIMGANJ
DISTRICT- KARIMGANJ
ASSAM- 788710.
5:THE CHIEF JUDICIAL MAGISTRATE
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KARIMGANJ
DISTRICT- KARIMGANJ
ASSAM- 788710
Advocate for the Petitioner : MR. K SARMA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 04-12-2019 Heard Mr. K. Sarma, learned counsel for the petitioner. Also heard Mr. H. K. Das, learned Standing counsel, Gauhati High Court, and Mr. B. Deuri, learned State counsel, appearing for the respondents.
The petitioner was regularly appointed as a Grade-IV employee (Night Chowkidar) in the office of the Chief Judicial Magistrate, Karimganj, vide an order dated 08.02.2006. In the year 2012, the petitioner passed the Pravesika Examination under the Assam Sanskrit Board, which is stated by the petitioner to be equivalent to Matriculation Examination. According to the petitioner, there is a post of Process Server (Grade-IV) lying vacant in the office of the Chief Judicial Magistrate, Karimganj, and as the said post bears a higher pay, the petitioner submitted a representation on 26.08.2019 before the respondent No. 3, namely, Chief Judicial Magistrate, Karimganj, praying for promoting him to the said vacant post. However, the said representation has not been considered and disposed of till date. Aggrieved by the non- consideration of his representation for promotion, the petitioner has approached this Court by filing this writ petition.
Learned counsel for the petitioner submits that since the post of Process Server is a promotional post and as the petitioner is the only applicant for the post, the authorities can fill up the said vacant post by promoting the petitioner and, accordingly, a direction may be issued by this Court for promotion of the petitioner to the said vacant post of Process Server.
On the contrary, Mr. H. K. Das, learned Standing counsel, Gauhati High Court, has submitted that the post in question is not a promotional post and the same is to be filled up Page No.# 3/3 by way of direct recruitment.
In view of the above submissions of the learned counsel for the parties, this Court is of the opinion that the authorities concerned may decide as to whether the post in question is a promotional post or is a post to be filled up by way of direct recruitment and if the post is to be filled up by way of direct recruitment, the same may be filled up by giving opportunity to all other eligible candidates including the petitioner to undergo the selection process. However, if the post is a promotional post, the authorities may consider the case of the petitioner for promotion as per his eligibility and by following due procedure as per rules.
Since the petitioner had already submitted a representation before the respondent No. 3 seeking for his promotion, respondent No. 3 is directed to consider the aforesaid representation of the petitioner and dispose of the same by passing a speaking order, as expeditiously as possible.
Writ petition stands disposed of with the above observations and directions.
JUDGE Comparing Assistant