Page No.# 1/4 GAHC010075392022 2025:GAU-AS:3129 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2760/2022 ASISH DEB S/O- LATE KARUNAMOY DEB SR. MOST SENIOR ASSISTANT OF PWRD, KARIMGANJ NORTH, KARIMGANJ SOUTH AND BADARPUR TERRITORIAL ROAD DIVISION, KARIMGANJ, ASSAM. A RESIDENT OF L.B ROAD, BY-LANE (HOROMONI GOLLY) P.O AND P.S- KARIMGANJ PIN-788710 DIST- KARIMGANJ , ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS (ROADS) DEPARTMENT,ASSAM SECRETARIAT DISPUR, GUWAHATI-6, ASSAM 2:THE CHIEF ENGINEER PWD (ROADS) CHANDMARI GUWAHATI P.O-GUWAHATI PIN-781003 3:THE ADDL CHIEF ENGINEER PWD (ROADS) BARAK VALLEY ZONE ITKHOLA . SILCHAR-788002 CACHAR ASSAM Page No.# 2/4 4:THE SUPERINTENDING ENGINEER PWRD HAILAKANDI AND KARIMGANJ ROAD CIRCLE P.O- KARIMGANJ-788710 DIST- KARIMGANJ ASSAM 5:THE EXECUTIVE ENGINEER PWRD KARIMGANJ NORTH KARIMGANJ SOUTH AND BADARPUR TERRITORIAL ROAD DIVISION KARIMGANJ ASSAM. PIN-788710 6:SUBHASISH PAUL S/O- LATE SITESH RANJAN PAUL HOSPITAL ROAD OPP ANM TRAINING SCHOOL P.O AND P.S-KARIMGANJ DIST- KARIMGANJ ASSAM. PIN-78871 Advocate for the Petitioner : MR S CHOUDHURY, MR. S I KHAN,MR S ISLAM,MR. A K TALUKDAR,MR. S D PURKAYASTHA Advocate for the Respondent : SC, PWD, BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R 21.03.2025 Heard Mr. A.K. Talukdar, learned counsel for the petitioner. Also heard Mr. B. Choudhury, learned Standing Counsel for the PWD Department. Page No.# 3/4 2. By filing this writ petition, the petitioner has assailed the office order dated 28.02.2022, whereby, one Sri Subasish Paul, Senior Assistant, respondent no.6, has been allowed to take over the charge of Head Assistant temporarily, on the ground that the petitioner has been ignored, despite he being the senior most among the Senior Assistants. 3. During the pendency of this writ petition, the petitioner by way of additional affidavit, has brought on record the copy of the office order dated 28.03.2023, whereby, the petitioner has been promoted as per the recommendation of the Selection Board to the post of Head Assistant in the Scale of Pay Rs. 22,000-97000/- (PB-3) plus Grade Pay Rs.10300/- PM plus other allowances as admissible under ROP Rule, 2017, with effect from the date of his joining to the new post until further order. 4. Mr. A.K. Talukdar, learned counsel for the petitioner referring to the above promotion order dated 28.03.2023 submits that although, the petitioner has been promoted, the use of phrase “temporarily promoted” in the above promotion order will create a problem, as the petitioner appears to have been promoted not on permanent rather on temporary basis. 5. Mr. B. Choudhury, learned Standing Counsel, PWD, submits that the promotion order dated 28.03.2023 is a regular promotion in accordance with the Rules and Act. Therefore, there is nothing wrong in the above order and if at all, if the petitioner is aggrieved, that same would be a fresh cause of action, which the petitioner may avail and the remedy that would be available under the law. 6. Having considered the submissions of the learned counsel for the parties and on perusal of the pleadings as well as the office order dated 28.03.2023, this Court is of the view that the grievance raised in the present proceedings Page No.# 4/4 has been redressed long back on 28.03.2023. 7. Regard being had to the submissions that the office order dated 28.03.2023 issued by the Executive Engineer, PWD, promoting the petitioner to the post of Head Assistant, on the recommendation of the Selection Board, is not a regular promotion order, this Court finds the submissions of the learned counsel for the petitioner to be totally misconceived, as there would not be any confusion to the above promotion order. If the petitioner is still not satisfied, he may avail the remedy as may be available under the law. 8. In view of above, the writ petition has virtually become infructuous. Accordingly, same is disposed of as infructuous. JUDGE Comparing Assistant