WP(C)/305/2023 of SOMANATH NATH Vs UNION OF INDIA AND 4 OTHERS on 2 March 2026

1. Union of India, Represented by its

Secretary, Department of Science &

Technology, 2nd floor Vishwakarma

Bhawan, Shaheed Jeet Singh Marg,

New Delhi-110016.

2. North-East Centre for Technology

Application and Reach (NECTAR),

Autonomous Society under the Department of Science and Technology, Government of India, Headquarter at Survey of India Campus, Bonnie Brae Estate, Barik Point, Shillong-793001, Meghalaya.

3. The Director General,

North East Centre for

Technology Application and

Reach (NECTAR), Autonomous

Society under the Department of

Science and Technology, Government of

India, Headquarter at Survey of India

Campus, Bonnie Brae Estate,

Barik Point, Shillong-793001,

Meghalaya.

4. The Secretary,

Department of Expenditure,

Ministry of Finance, Government of

India, New Delhi.

5. The Secretary,

Department of Personnel &

Training Establishment,

Ministry of Personnel, Public

Grievances and Pensions,

Government of India,

North Block, New Delhi.

……… Respondents

Coram:

Hon’ble Mr. Justice W. Diengdoh, Judge

Appearance: For the Petitioner/Appellant(s) : Ms. R. Dutta, Adv.

Mr. B. Snaitang, Adv.

Mr. S. Khyriem, Adv.

For the Respondent(s)

: Dr. N. Mozika, DSGI with

Ms. R. Fancon, Adv.

i) Whether approved for reporting in

Yes/No

Law journals etc.: ii) Whether approved for publication in press:

Yes/No

JUDGMENT AND ORDER (ORAL)

1. Heard Ms. R. Dutta, learned counsel for the petitioner as well as Dr. N. Mozika, learned DSGI assisted by Ms. R. Fancon, learned counsel for the respondent/Union of India.

2. The facts of this case as have been submitted by the learned counsel for the petitioner is that the petitioner is an employee working in the North East Centre for Technology Application and Reach (NECTAR) under the department of Science and Technology, Government of India. He is presently working as Senior Analyst.

3. It is the also the submission of the learned counsel that the petitioner is due for promotion to the next post as Senior Geomatics Officer, for which the concerned department may be directed to constitute a Departmental Promotion Committee (DPC).

4. The learned DSGI has submitted that, though, there is no difficulty with the department to constitute the said DPC following due process of law, however, there is a dispute as to the mode and manner of the initial appointment of the petitioner which may be considered by the Court before passing a final order.

5. This Court has considered the submission made by the parties, and is made to understand that as far as the main prayer of the petitioner is concerned, that is, for the DPC to be constituted and for his promotion to be considered, the department concerned has no objection to such process being conducted. However, as to the contention raised with regard to the dispute in the initial appointment of the petitioner, this Court would not go into that aspect of the matter at this point of time.

6. Accordingly, in view of the above, the department concerned is to constitute the DPC within 4(four) weeks from the date of passing of this order, to consider the case of the petitioner in accordance with law.

7. Petition disposed of. No costs.

Judge

2026:MLHC:129 Digitally signed by DARIKORDOR NARY Date: 2026.03.02 18:30:18 IST Signature Not Verified