Gauhati High Court
Page No.# 1/13 vs The State Of Assam And 7 Ors on 12 September, 2024
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/13
GAHC010128382023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3432/2023
SYED AHMED ALI AND 5 ORS.
S/O- LATE SYED ABDULLAH,
R/O- VILLAGE- DOSTINAGAR,
P.O- GOALPARA,
DIST- GOALPARA, ASSAM,
PRESENTLY SERVING AS KHALASI, IN THE OFFICE OF THE EXECUTIVE
ENGINEER,
PUBLIC HEALTH ENGINEERING, GOALPARA DIVISION,
DIST- GOALPARA, ASSAM
2: KARENDRA CHANDRA BARMAN
S/O- LATE HEDLA BARMAN
R/O- VILLAGE- DHUMERGHAT
P.O- LAKHIPUR
DIST- GOALPARA
ASSAM
PRESENTLY SERVING AS KHALASI
IN THE OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DIST- GOALPARA
ASSAM
3: DIMBESWAR DAS
S/O- NRIPENDRA DAS
Page No.# 2/13
R/O- VILLAGE- MORNAI
P.O AND P.S - MORNAI
DIST- GOALPARA
ASSAM
PRESENTLY SERVING AS KHALASI
IN THE OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DIST- GOALPARA
ASSAM
4: SOYED KARAM SHWAH
S/O- SOYED SAMSUDDIN
R/O- VILLAGE- TINKONIAPARA
P.O- DUBAPARA
P.S AND DIST- GOALPARA
ASSAM
PRESENTLY SERVING AS KHALASI
IN THE OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DIST- GOALPARA
ASSAM
5: SAHAJUDDIN AHMED
S/O- LATE SUKUR ALI
R/O- VILLAGE- SIMLABARI
P.O- SIMLABARI
P.S- BAGUAN
DIST- GOALPARA
ASSAM
Page No.# 3/13
PRESENTLY SERVING AS KHALASI
IN THE OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DIST- GOALPARA
ASSAM
6: DILIP DUTTA
S/O- LATE UDAY DUTTA
R/O- VILLAGE- DOLGOMA
P.O- DOLGOMA
P.S- MATIA
DIST- GOALPARA
ASSAM
PRESENTLY SERVING AS KHALASI
IN THE OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DIST- GOALPARA
ASSA
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT OF ASSAM, PUBLIC
HEALTH ENGINEERING DEPARTMENT
DISPUR, GUWAHATI-06
2:THE SECRETARY
TO THE GOVT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR
GUWAHATI-06
3:THE SECRETARY
TO THE GOVT OF ASSAM
PERSONAL (B) DEPARTMENT
DISPUR
GUWAHATI-06
Page No.# 4/13
4:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
HENGRABARI
GUWAHATI-781036
5:THE SUPERENTENDING ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
O/O THE CHIEF ENGINEER
HENGRABARI
GUWAHATI-781036
6:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DIST- GOALPARA
ASSAM
7:THE SUPERENTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
GUWAHATI CIRCLE
GUWAHATI-21
8:THE DIVISIONAL LEVEL SELECTION COMMITTEE
REP. BY THE CHAIRMAN CUM SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
GUWAHATI CIRCLE
GUWAHATI-2
Advocate for the Petitioner : MR. J I BORBHUIYA, MR. L MOHAN,K H CHOUDHURY
Advocate for the Respondent : SC, P H E, SC, PERSONNEL DEPT.
Linked Case : WP(C)/4445/2023
Page No.# 5/13
DILIP KUMAR SARMA
SON OF - ABINASH CHANDRA SARMA
RESIDENT OF VILLAGE- BABUPARA
P.O. DUDHNOI
P.S. DUDHNOI
DISTRICT GOALPARA
ASSAM PRESENTLY SERVING AS KHALASI
IN THE OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DIST.- GOALPARA
ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR
GUWAHATI-6
2:THE SECRETARY
TO THE GOVERNMENT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR
GUWAHATI-6
3:THE SECRETARY
TO THE GOVERNMENT OF ASSAM
PERSONAL (B) DEPARTMENT
DISPUR
GUWAHATI-6
4:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING
(WATER)
ASSAM
HENGRABARI
GUWAHATI-36
DISTRICT- KAMRUP (M)
ASSAM
5:THE SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
OFFICE OF THE CHIEF ENGINEER
Page No.# 6/13
PHE(W)
HENGRABARI
GUWAHATI-36
DISTRICT- KAMRUP (M)
ASSAM
6:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION GOALPARA
DISTRICT- GOALPARA
ASSAM
7:THE SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
GUWAHATI CIRCLE
GUWAHATI-21
8:THE DIVISIONAL LEVEL SELECTION COMMITTEE
REPRESENTED BY THE CHAIRMAN CUM SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
GUWAHATI CIRCLE
GUWAHATI-21
------------
Advocate for : MR. J I BORBHUIYA
Advocate for : SC
P H E appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/4464/2023
IBRAHIM ALI
SON OF- LATE SOMSHER ALI
RESIDENT OF VILLAGE- MILAN NAGAR SANTIPUR
P.O. BALADMARI
P.S. GOALPARA
DIST.- GOALPARA
ASSAM
PRESENTLY SERVING AS KHALASI
IN THE OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DISTRICT- GOALPARA
ASSAM
VERSUS
Page No.# 7/13
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE SECRETARY TO THE GOVT. OF ASSAM
P.H.E. DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE SECRETARY TO THE GOVT. OF ASSAM
PERSONAL (B) DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING
(WATER)
ASSAM
HENGRABARI
GUWAHATI-36
DISTRICT- KAMRUP(M)
ASSAM.
5:THE SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
OFFICE OF THE CHIEF ENGINEER
PHE(W)
HENGRABARI
GUWAHATI-36
DISTRICT- KAMRUP(M)
ASSAM.
6:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
GOALPARA
DISTRICT- GOALPARA
ASSAM.
Page No.# 8/13
7:THE SUPERINTENDING ENGINEER
P.H.E.
GUWAHATI CIRCLE
GUWAHATI-21.
8:THE DIVISIONAL LEVEL SELECTION COMMITTEE
REPRESENTED BY THE CHAIRMAN CUM SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
GUWAHATI CIRCLE
GUWAHATI-21.
------------
Advocate for : MR. J I BORBHUIYA
Advocate for : SC
P H E appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/4463/2023
AJIRUDDIN ALI
SON OF LATE MOHAMMAD ALI
RESIDENT OF VILLAGE- BUJRUK MANIKPUR
P.O.- KRISHNAI
P.S.- KRISHNAI
DISTRICT- GOALPARA
ASSAM
PRESENTLY SERVING AS KHALASI
IN THE OFFICE OF THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DISTRICT- GOALPARA
ASSAM.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM
Page No.# 9/13
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE SECRETARY TO THE GOVT. OF ASSAM
P.H.E. DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE SECRETARY TO THE GOVT. OF ASSAM
PERSONAL (B) DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING
(WATER)
ASSAM
HENGRABARI
GUWAHATI-36
DISTRICT- KAMRUP(M)
ASSAM.
5:THE SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
OFFICE OF THE CHIEF ENGINEER
PHE(W)
HENGRABARI
GUWAHATI-36
DISTRICT- KAMRUP(M)
ASSAM.
6:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
GOALPARA
DISTRICT- GOALPARA
ASSAM.
7:THE SUPERINTENDING ENGINEER
P.H.E.
GUWAHATI CIRCLE
Page No.# 10/13
GUWAHATI-21.
8:THE DIVISIONAL LEVEL SELECTION COMMITTEE
REPRESENTED BY THE CHAIRMAN CUM SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
GUWAHATI CIRCLE
GUWAHATI-21.
------------
Advocate for : MR. J I BORBHUIYA
Advocate for : SC
P H E appearing for THE STATE OF ASSAM AND 7 ORS
Linked Case : WP(C)/4484/2023
PRABIN KHAKHALARY
S/O- PMOHAN KHAKHLARY
R/O- VILL.- SALPARA
P.O. MANUPARA
P.S. DUDHNOI
DIST. GOALPARA
ASSAM AND PRESENTLY SERVING AS KHALASI IN THE OFFICE OF THE
EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
DIST. GOALPARA
ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE SECRETARY TO THE GOVT. OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT
DISPUR
GHY-6.
3:THE SECRETARY TO THE GOVT. OF ASSAM
Page No.# 11/13
PERSONAL (B) DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING (WATER)
ASSAM
HENGRABARI
GUWAHATI-36
DIST. KAMRUP(M)
ASSAM
5:THE SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
OFFICE OF THE CHIEF ENGINEER
PHE (W)
HENGRABARI
GUWAHATI-36
DIST. KAMRUP(M)
ASSAM
6:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING
GOALPARA DIVISION
GOALPARA
DIST. GOALPARA
ASSAM
7:THE SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
GUWAHATI CIRCLE
GUWAHATI-21.
8:THE DIVISIONAL LEVEL SELECTION COMMITTEE
REPRESENTED BY THE CHAIRMAN CUM SUPERINTENDING ENGINEER
PUBLIC HEALTH ENGINEERING
GUWAHATI CIRCLE
GUWAHATI-21.
------------
Advocate for : MR. J I BORBHUIYA
Advocate for : SC
PERSONAL DEPT. appearing for THE STATE OF ASSAM AND 7 ORS
Page No.# 12/13
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
12.09.2024 Heard Mr. J.I. Borbhuiya, learned counsel for the petitioners and Mr. I. Borthakur, learned Standing Counsel, PHE Department.
2. By filing these writ petitions the petitioners claim promotion to Grade- III post.
3. The case of the respondents, on the other hand, is that the petitioners are holding personal post and they are not eligible to be considered for promotion since the post they are holding is ex-cadre post.
4. Mr. I. Borthakur, learned counsel has produced a copy of the order dated 22.09.2023 passed by a co-ordinate Bench of this Court in WP(C) 5579/2023, wherein similar claims made by the petitioners therein was rejected by relying upon the case of Dilip Talukdar & Others Vs. State of Assam & Ors., reported in 2017 (2) GLT 135.
5. The learned counsel for the PHE Department submits that aggrieved the petitioners have filed a writ appeal namely Writ Appeal No.5/2024, but there is no stay of the learned Single Judge's order. He submits that therefore the case of the present petitioners is covered by the judgment rendered by the Co- ordinate Bench of this Court.
6. Mr. J.I. Borbhuiya, learned counsel for the petitioners submits that the outcome of the writ appeal may be awaited.
Page No.# 13/13
7. In view of the above, the matter stands adjourned for 4(four) weeks.
JUDGE Comparing Assistant