Page No.# 1/4 GAHC010130502025 2025:GAU-AS:8077 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3374/2025 PABITRA ENGTI SON OF SRI HALADHAR ENGTI R/O VILL- MANIK TERON GAON (DHARAMTUL), P.O. RAJAPATHER TINIALI, P.S. BAKALIA, DIST. KARBI ANGLONG. VERSUS THE STATE OF ASSAM 13 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006, ASSAM 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPARTMENT SECRETARIAT DISPUR GUWAHATI-781006 ASSAM 3:THE SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPARTMENT SECRETARIAT DISPUR GUWAHATI-781006. 4:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT IRRIGATION DISPUR GUWAHATI-781006. Page No.# 2/4 5:SHRI DHRUBOJYOITI ROY CHODHURY LASTLY POSTED AT NALBARI CIRCLE (IRRIGATION) AND I/C DEPUTY SECRETARY (ESSTT.). 6:SHRI FAZAL MAHMUD SIDDIQUE LASTLY POSTED IN O/O THE ADDITIONAL CHIEF ENGINEER O AND M (MINOR AND MICRO) IRRIGATION CHANDMARI GUWAHATI- 781003. 7:SHRI UJJAL BORAGOHAIN LASTLY POSTED AT HOJAI CIRCLE (IRRIGATION) HOJAI ASSAM 8:SHRI SANJIT KUMAR SHARMA LASTLY POSTED IN O/O THE ADDITIONAL CHIEF ENGINEER O AND M (MINOR AND MICRO) IRRIGATION CHANDMARI GUWAHATI-781003. 9:SHRI TRIDIV BORA LASTLY POSTED IN O/O THE ADDITIONAL CHIEF ENGINEER O AND M (MINOR AND MICRO) IRRIGATION CHANDMARI GUWAHATI-781003 10:SHRI SIDDHARTHA SHARMAH LASTLY POSTED AT DIBRUGARH CIRCLE (IRRIGATION) DIBRUGARH. 11:SHRI BIMAL CH. KALITA LASTLY POSTED CACHAR-KARIMGANJ CIRCLE (IRRIGATION) SILCHAR ASSAM. 12:SHRI DHRUBAJYOTI TALUKDAR LASTLY POSTED AT BARPETA CIRCLE (IRRIGATION) BARPETA ROAD. 13:SHRI MIGAM CH. MEDAK (STP) 14:THE SELECTION BOARD Page No.# 3/4 REPRESENTED BY ITS CHAIRMAN AND OTHER MEMBERS AND /OR ABOVE OFFICIAL RESPONDENTS WHO HAVE RECOMMENDED PROMOTION OF THE ABOVE PRIVATE RESPONDENT FOR THE POST OF CHIEF ENGINEER IN THE DEPARTMENT OF IRRIGATION GOVT. OF ASSAM IN ITS MEETING HELD ON THE SAID DATE. (TO BE TREATED AS MAIN RESPONDENT UPON CONTEST) (THE FULL ADDRESS OF RESPONDENT NOS. 5 TO 13 ARE NOT WITHIN THE KNOWLEDGE OF THE WRIT PETITION AND THE SAME HAS TO BE ASCERTAINED AND SERVED THROUGH RESPONDENT NO. 4 SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF IRRIGATION) Advocate for the Petitioner : MR H BETALA, P K KHAKHOLIA,S BORO Advocate for the Respondent : GA, ASSAM, SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 18/06/2025 Heard Mr. H. Betala, learned counsel for the writ petitioner. Also heard Mr. P. Nayak, learned Additional Advocate General, Assam, assisted by Mr. J.K. Goswami, learned Additional Senior Government Advocate, Assam, appearing for the respondent nos. 1 to 4. The writ petitioner herein, who is serving as Additional Chief Engineer in the Irrigation Department, Assam, has approached this Court inter-alia challenging the gradation list dated 05/05/2025 as well as the consequential order dated 05/05/2025, by means of which, the seniority position of the petitioner in the cadre of Additional Chief Engineer has been downgraded so as to place him below the private respondents. It appears that the impugned notification has been issued by relying upon the OM dated 18/01/2023 issued by the Government of Assam, Department of Personnel, Dispur. According to the writ petitioner, his seniority position has been downgraded in an arbitrary manner so a to deprive him of the benefit of promotion to the next higher post of Chief Engineer. It appears that the OM dated 18/01/2023, was put to challenge in WP(C) 363/2023 (Radheswar Langthasa Vs. State of Assam & Ors) and the same has already been up-held by a Page No.# 4/4 Coordinate Bench of this Court, by the judgement and order dated 04/06/2024. Since the impugned order dated 05/05/2025 has apparently been issued on the basis of the OM dated 18/01/2023, hence, this Court is of the view that the issues raised in this writ petition is covered by the judgement and order dated 04/06/2024. Mr. Betala, however, submits that the judgement in the case of Radheswar Langthasa (Supra) was not rendered after considering the law laid down by the Supreme Court in the case of Jarnail Singh and others Vs. Lachhmi Narain Gupta and others reported in (2022) 10 CC 595 wherein, it has been categorically held that collection of data for applying reservation roster is to be done only on the basis of ‘cadre’ strength and not on the basis of ‘groups’. Therefore, submits Mr. Betala, the said decision is a judgement per incuriam. Mr. Betala has also relied upon and referred to the order dated 18/12/2024 passed by another Coordinate Bench in WP(C) 6386/2024 wherein, similar action taken by the Health Department, in terms of the OM dated 18/01/2023, has been deprecated. However, the fact remains that the order dated 18/12/2024 is an interim order whereas, the judgement and order dated 04/06/2024 affirming the OM dated 18/01/2023 is a final order bringing the proceeding to its logical end. Under such circumstances, until and unless the judgement and order passed in Radheswar Langthasa (Supra) is modified by a larger Bench, the law laid down therein, would be binding upon this Court. In view of the above, the prayer made by the petitioner in the present writ petition, cannot be accepted by this Court. This Court is, therefore, not inclined to admit this writ petition. At this stage, Mr. Betala seeks leave of this Court to prefer an appeal against the judgement and order dated 04/06/2024. Granting leave to the petitioner, as prayed for, this writ petition stands disposed of as not maintainable. JUDGE Comparing Assistant