Page No.# 1/3 GAHC010091882020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2774/2020 ANUPAMA BUJOR BARUAH W/O. SRI TAPAN CHANDRA BORKATAKI, R/O. GOTANAGAR, PNGB ROAD, P.O. MALIGAON, DIST. KAMRUP (M), ASSAM, PIN-781011. VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., DISPUR, GUWAHATI-06. 2:THE CHIEF ENGINEER IRRIGATION DEPTT. ASSAM CHANDMARI GUWAHATI-03. 3:THE SUPERINTENDING ENGINEER RANGIA INVESTIGATION CIRCLE IRRIGATION P.O. RANGIA DIST. KAMRUP ASSAM PIN-781354. 4:THE EXECUTIVE ENGINEER RANGIA DIVISION IRRIGATION P.O. RANGIA DIST. KAMRUP ASSAM PIN-781354. 5:UTTARA PRAVA DAS W/O. LT. UPEN CHANDRA DAS VILL. MURARA P.O. RANGIA DIST. KAMRUP (R) ASSAM PIN-781354 Advocate for the Petitioner : DR. B AHMED, MR A NATH,MR. N J MEDHI,MR. N HAQUE,MR. A K AZAD Advocate for the Respondent : SC, IRRIGATION, MR H BEZBARUA,MR. S K TALUKDAR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 28.07.2025 Heard Mr. A. Nath, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, appearing for the State Respondents. 2. Mr. A. Nath, learned counsel for the petitioner, after attempting to argue the matter at some length had submitted that he would not be pressing the reliefs as sought for in the present writ petition. He submits that the petitioner not having challenged the order of her transfer dated 30.04.2007, which while transferring her from the office of the Superintending Engineer Guwahati Project Circle(Irrigation Guwahati) to the Establishment of the Executive Engineer Rangia Division(Irrigation Rangia), had stipulated that her seniority would be fixed below the existing Junior Assistant working in the Establishment of the Executive Engineer, Rangia Division (Irrigation). 3. Mr. A. Nath, learned counsel for the petitioner, submits that the the Respondent no.5, who was promoted to the post of Head Assistant vide the order dated 22.06.2020, has since retired from her services on reaching the age of superannuation. 4. Mr. A. Nath, learned counsel for the petitioner, submits that after the superannuation of the Respondent no.5, the petitioner has been permitted to hold the charge of the post of Head Assistant and he further submits that the petitioner is the senior most in the cadre of Senior Assistant in the Establishment of the Executive Engineer Rangia Division (Irrigation Rangia). He prays that this Court would be pleased to dispose of the present matter by requiring the Respondent Authorities to consider the case of the petitioner for promotion to the post of Head Assistant as Page No.# 3/3 existing in the Establishment of the Respondent no.4 and charge of which is being held by the petitioner at present. 5. Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, appearing for the State Respondents has submitted that the petitioner is the senior most incumbent in the cadre of Senior Assistant in the Establishment of the Respondent no.4, and she is also holding the charge of the post of Head Assistant. However, on account of pendency of the present proceedings, her case has not been considered for promotion on regular basis to the post of Head Assistant. He also submits that the case of the petitioner would be so considered for promotion to the post of Head Assistant, in accordance with the rules holding the field. 6. In view of the above submissions, made by the learned counsel for the parties, the reliefs sought for by the petitioner in the present proceedings need not be examined by this Court. However, considering the submissions made by the learned counsel for the parties, that the petitioner is the senior most incumbent in the post of Senior Assistant in the Establishment of Respondent no.4 and is currently holding the charge of the post of Head Assistant in the said Establishment, this Court directs the respondent authorities to consider the case of the petitioner along with other eligible incumbents in the cadre of Senior Assistants working presently in the Establishment of the Respondent no.4, for promotion to the post of Head Assistant. 7. In the event, the petitioner is found to be suitable and eligible for such promotion, necessary orders be passed towards promoting the petitioner to the post of Head Assistant, strictly in accordance with law. 8. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant