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Documents citing Dilip Kumar Talukdar And 4 Ors vs The State Of Assam And 4 Ors on 17 December, 2019

Ramani Kakati vs The State Of Assam And Anr on 10 June, 2025

"18. The present issue has already been decided by the Co-Ordinate Bench of this Court in WP(C) Nos. 2416/2014, 3116/2014 and 4254/2014. The petitioners, who were regularized Muster Roll/Work charge workers in the Water Resource Department, Govt. Of Assam filed WP(C) 2416/2014 (Sri Dilip Talukdar and 21 Others vs State of Assam and 5 Others) where they challenged their reversion to their original posts after being promoted. WP(C) 2416/2014 was disposed of by a Page No.# 7/9 Coordinate Bench of this Court on 16.03.2015, holding that when regularization of a Grade-IV Muster Roll/Work-charge worker has been done against a personal post, the post held by those persons would be outside the cadre of Grade-IV post, i.e., an ex-cadre post. Unless a person who is holding an ex-cadre post is en-cadred into a cadre post, which is a feeder cadre to a higher cadre post, the person holding the personal post cannot be promoted to a higher cadre post. This Court thereafter dismissed the writ petition filed by the petitioners.
Gauhati High Court Cites 2 - Cited by 0 - Full Document

Sarat Chandra Hazarika vs The State Of Assam And 2 Ors on 22 March, 2022

"18. The present issue has already been decided by the Co-Ordinate Bench of this Court in WP(C) Nos. 2416/2014, 3116/2014 and 4254/2014. The petitioners, who were regularized Muster Roll/Work charge workers in the Water Resource Department, Govt. Of Assam filed WP(C) 2416/2014 (Sri Dilip Talukdarand 21 Others vs State of Assam and 5 Others) where they challenged their reversion to their original posts after being promoted. WP(C) 2416/2014 was disposed off by a Co- ordinate Bench of this Court on 16.03.2015, holding that when regularization of a Grade-IV Muster Roll/Work-charge worker has been done against a personal post, the post held by those persons would be outside the cadre of Grade-IV post, i.e., an ex-cadre post. Unless a person who is holding an ex-cadre post is en-cadred into a cadre post, which is a feeder cadre to a higher cadre post, the person holding the personal post cannot be promoted to a higher cadre post. This Court thereafter dismissed the writ petition filed by the petitioners.
Gauhati High Court Cites 3 - Cited by 1 - M Zothankhuma - Full Document

Page No.# 1/3 vs Pranab Goswami on 28 August, 2023

Learned counsel for the review petitioners submits that the Order dated 31.10.2018 passed in WP(C) No.6859/2018 was passed without taking into consideration the order of the Division Bench passed in WA No.124/2015 & WA No.111/2016 on 10.02.2017 [Dilip Talukdar & Ors. vs. State of Assam & Ors , reported in 2017 (2) GLT Page No.# 3/3 135] and as such, the review petition is being filed.
Gauhati High Court Cites 2 - Cited by 0 - S Saikia - Full Document

Rashmi Rakha Devi vs The State Of Assam And 3 Ors on 26 September, 2024

5. By drawing the attention of this Court to the minutes of meeting dated 01.11.2014, he has submitted that amongst the list of incumbents, the name of the petitioner had figured. He has also relied upon an order dated 14.07.2021 passed by this Court in WP(C)/2426/2021, [Bilayet Hussain Vs. State of Assam] and also an order dated 17.12.2019 passed in WP(C)/9306/2019 [Dilip Kumar Talukdar Vs. State of Assam] wherein the earlier judgment of Dilip Das (supra) has been followed.
Gauhati High Court Cites 10 - Cited by 0 - S K Medhi - Full Document

The State Of Assam vs Md. Hafizur Rahman And 3 Ors on 11 October, 2023

34) The Division Bench of this Court, in the case of Dilip Talukdar (supra), had held that the posts in which the petitioners were regularized was never added to the notified cadre in the department and thus, it was held that temporary creation of post cannot automatically add to the cadre strength of the department and claim for promotion from a person holding an ex cadre post, is not legally tenable. Para 11 and 12 of the said decision is extracted below:-
Gauhati High Court Cites 6 - Cited by 0 - K R Surana - Full Document

Nirmal Nath vs The State Of Assam And 7 Ors on 19 March, 2024

8. Applying the ratio of the decisions of this Court in the case of Matiur Rahman Laskar (supra) and in case of Dilip Talukdar (supra), it is seen that the petitioner being a holder of a personal post cannot claim to have his case considered for promotion to the next higher grades in the service. Accordingly, the petitioner not placed against a post in the feeder cadre of the promotional post of LDA, his case for such promotion to the post of LDA cannot be directed. Accordingly, the claim made by the petitioner for promotion to the higher post of LDA is required to be rejected.
Gauhati High Court Cites 2 - Cited by 0 - Full Document

Dilip Kr Roy vs The State Of Assam And 6 Ors on 6 May, 2024

11. Moreover, third reason for not entertaining this writ petition that this Court in the case of Dilip Talukdar & Anr. Vs. State of Assam and Ors. (2017) 3 GLR 376: 2017 (2) GLT 135 has held that a person who has accepted the regularization order which itself stipulates that they are regularized in post personal to them, cannot have an enforceable right to claim promotion and it was further held that a promotion in the department can be considered only from the eligible employee in the feeder cadre. Therefore, as the petitioner is not even regular employee of the PWD when purported order of promotion was issued on 27.12.1995, such an order cannot give any substantive right to the petitioner, as the same would run counter to the regularization order of 05.10.2005.
Gauhati High Court Cites 2 - Cited by 0 - K R Surana - Full Document
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