Gauhati High Court
Laba Das vs The State Of Assam And 2 Ors on 8 February, 2022
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010113642020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3417/2020
LABA DAS
S/O SRI HARESWAR DAS, R/O VILL. BARGAON, P.O. BARGAON, P.S. HAJO,
KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, JUDICIAL DEPTT.
DISPUR, GUWAHATI-6
2:THE CHIEF JUDICIAL MAGISTRATE
KAMRUP (METRO)
GUWAHATI-1
3:THE GAUHATI HIGH COURT
REP. BY ITS REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI-
Advocate for the Petitioner : MRS. R D BHUYAN
Advocate for the Respondent : SC, GHC
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
08.02.2022 Heard Mrs. R. D. Bhuyan, learned counsel appearing for the writ Page No.# 2/3 petitioner. I have also heard Mr. H. K. Das, learned Standing Counsel, GHC, appearing for the respondent Nos.2 and 3. Mr. J. K. Goswami, learned Govt. Advocate, Assam, has appeared for the respondent No.1.
The writ petitioner herein is serving as a Peon under the establishment of the Chief Judicial Magistrate, Kamrup(M) at Guwahati. As per the case projected in the writ petition, the petitioner was appointed as Office Peon in the year 2010 and his services were regularized in the year 2015. According to the writ petitioner, having rendered long years of service in the establishment he has a right to be considered for promotion to the next higher post. On such ground the petitioner had submitted a number of representations before the concerned authority to consider his prayer for promotion to the next higher post of Process Server. However, his representations have not been considered. Instead, the respondent No.2 has issued advertisement notice dated 11.12.2019 for filling up the post of Process Server in his establishment. According to the petitioner, the said post of Process Server is required to be filled up by promoting peons. Claiming that the petitioner is eligible for being promoted to the post of Process Server, he has approached this Court by filing the writ petition inter alia seeking a writ of mandamus directing the authorities to consider him for promotion to the post of Process Server.
The respondent Nos.2 and 3 have filed affidavit-in-opposition contesting the claim of the petitioner. Mr. Das has, however, submitted in his usual fairness that if there are vacancies available in the grade of Process Server meant to be filled up by way of promotion and if the petitioner is eligible to be considered for such promotion, his case will be considered along with other eligible candidates.
Page No.# 3/3 Law is firmly settled that no employee has a right to be promoted but the right is only to the extent to be considered for promotion. Such consideration for promotion can take place only when there are vacancies available and the person claiming the right comes within the zone of consideration as per the relevant rules. Since the petitioner had submitted representations for consideration of his case for promotion to the post of Process Server, it will be incumbent upon the authorities to consider his representation in accordance with law if the petitioner actually comes within the zone of consideration.
In view of the above and as agreed to by learned counsel for both the sides, I dispose of this writ petition, without expressing any opinion on the merit of the claim of the petitioner, by directing the respondents to consider the case of the petitioner for promotion to the post of Process Server or to any other equivalent post, if such vacancies are available and if the petitioner comes within the zone of consideration in accordance with the Rule. It is made clear that the consideration of the petitioner, if any, shall be made along with other eligible candidates as and when avenues for promotion to the next higher post becomes available.
With the above observation, this writ petition stands disposed of.
JUDGE Comparing Assistant