Page No.# 1/3 GAHC010134962023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3633/2023 KHAGENDRA CHANDRA DAS S/O- LATE KUNJA BIHARI DAS, RRESIDING AT L.B. ROAD KARIMGANJ, P.O. AND P.S. KARIMGANJ, PERMANENT RESIDENT OF VILL.- MOHANPUR, ALGAPUR PT-II, P.O. MOHANPUR, P.S. ALGAPUR, DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS ROAD DEPARTMENT, ASSAM, DISPUR, GUWAHATI. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT ASSAM DISPUR GUWAHATI. 3:THE CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GUWAHATI. 4:THE EXECUTIVE ENGINEER PWD KARIMGANJ RURAL ROAD DIVISION KARIMGANJ ASSAM PIN- 788710 Page No.# 2/3 Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM,S. M. ZINNA Advocate for the Respondent : SC, PWD ROAD, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.03.2025 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD Authorities for the respondent. This writ petition has been filed by the petitioner seeking directions to the respondent to consider his case for promotion to the post of Assistant Electrician or Electrician in the Office of the Executive Engineer, PWD, Rural Road Division, Karimganj. Although notice was issued in this matter, today when the matter is called up, the learned counsel for the respondent Mr. R. Dhar has placed before the Court the Judgment rendered by a Division Bench of this Court in Dilip Talukdar and Others Vs. State of Assam and Others reported in 2017 0 Supreme(Gau) 756 and submits that where persons are appointed in personal post such employees cannot have any enforceable right to claim promotion to the next higher post and such post in the Department are to be filed up for feeder category and since persons who are appointed in personal post they cannot have any enforceable claim for promotion. In view of the Judgment rendered by the Division Bench, it is clear that there is law laid down by the Division Bench of this Court that promotion to the next higher post are to be filed up from feeder category and employees who are regularized in personal post cannot be considered to be members of the feeder Page No.# 3/3 category. Therefore they cannot have an enforceable claim for promotion to the next higher post. After having argued the learned counsel for the petitioner prays before the Court that he does not want to press the writ petition any further. Accordingly, writ petition dismissed as not pressed. Interim order if any stands vacated. Pending I.A.s are also dismissed. JUDGE Comparing Assistant