WP(C)/3137/2025 of SUBIR DAS Vs THE STATE OF ASSAM AND 4 ORS on 27 April 2026

ORDER

Date : 28.04.2026 Heard Mr. S. Hoque, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned Standing Counsel, PHE appearing for all the respondents.

2. The case of the petitioner is that he was initially appointed as Work Charge Khalashi under Executive Engineer, PHE, Guwahati Division-I dated 02.08.1994. Thereafter, his service was brought under the regular establishment in the month of December, 2003. Since the petitioner was not given due promotion, he submitted a representation before the Chief Engineer, PHE, Assam on 16.06.2016 requesting for promotion to the post of Junior Assistant.

3. Thereafter, the petitioner was granted first financial upgradation benefit under ACPS on 01.01.2011 after completing of 10 years in a regular establishment.

4. The gradation list was then prepared and published in respect of the Grade-IV staff under the PHE Guwahati Division-I on 01.11.2016, wherein, the name of the petitioner appeared in Serial No.138.

5. It is submitted that the case of other person including the junior of the petitioner including one Sri Dhiren Ch. Das whose name appeared at Serial No.459 has already been promoted to the post of Junior

Assistant on 30.01.2018, however, the case of the petitioner was not considered for promotion.

6. Thereafter, by an order dated 01.08.2019, the petitioner was promoted to the post of Section Assistant under Executive Engineer, PHE, Guwahati Division-I. However, in the meantime, his junior including Shri Dhiren Ch. Das was given further promotion to the post of Senior Assistant on 26.10.2022.

7. Under such circumstances, the petitioner submitted representation dated 13.02.2025 claiming financial benefit of Junior Assistant w.e.f. February, 2018 and also requested for his promotion to the post of Senior Assistant with effect from the month of October, 2022, i.e. from the date on which his junior was given promotion. However, the said representation is still pending disposal before the respondent authority.

8. By filing this writ petition the petitioner seeks direction to the respondent authority to grant financial benefit for the post of Junior Assistant with effect from February, 2018 and financial benefit for the post of Senior Assistant with effect from October, 2022 on which date his junior was given promotion.

9. However, at this stage, the learned counsel for the petitioner submits that since the representation dated 13.02.2025 submitted by the petitioner claiming financial benefit as given to his junior w.e.f. 2018 and also requested for promotion to the post of Senior Assistant w.e.f. October, 2022, the petitioner has a limited prayer to dispose of the writ petition by giving a direction to the respondent authority to dispose of the said representation bypassing a speaking order.

10. Mr. R.R. Gogoi, learned Standing Counsel, PHE fairly submits that he has no objection to the disposal of the writ petition as prayed for by the learned counsel for the petitioner to the extent a direction to dispose of the representation submitted by the petitioner on 13.02.2025. However, the respondent authority may be granted sufficient time for such consideration.

11. In view of the above and as agreed upon by the learned counsel for the parties, this writ petition is disposed of with a direction to the respondent authority more particularly, the Chief Engineer, PHE Guwahati, Assam to examine and consider the case of the petitioner by disposing of the representation dated 13.02.2025 submitted by him by passing a speaking and reasoned order.

12. Such exercise of disposal of the representation shall be done within a period of 60 (sixty) days from the date of receipt of the certified copy of this order and the same shall communicate to the petitioner.

13. With the above observation and direction, this writ petition is disposed of.

JUDGE Comparing Assistant