Page No.# 1/4 GAHC010169292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4307/2025 PRASANTA DEKA AND 5 ORS. SON OF LATE MAHAMAL DEKA R/O K R C ROAD, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN-78 1009 2: SRI RANJAN SARMA SON OF LATE PARAMESWAR SARMA VILL- AND P.O. BUDRAUKUCH DIST. NALBARI ASSAM PIN- 781348. 3: SMT. SANGITA BARUAH WIFE OF SRI DIGANTA HAZARIKA VILL- ABHOYPUR NORTH GUWAHATI P.S. CHANGSARI DIST. KAMRUP ASSAM PIN-781031. 4: SAYEDA WAHIDA MOMTAJ W/O SYED JEHRUL ISLAM R/O HATIGAON SANKAR AZAN PATH BHETAPARA ROAD GUWAHATI P.O. AND P.S. HATIGAON DIST. KAMRUP (METRO) ASSAM PIN-781038. Page No.# 2/4 5: MD. MAHIDUL ISLAM SON OF LATE MONIRUDDIN AHMED VILL- NO. 2 JALAH (ISLAMPUR)P.O. BARALABARI P.S. CHANGSARI DIST. KAMRUP (RURAL) ASSAM PIN-781101. 6: SMTI. TULTUL MAHANTA W/O SRI PRABHAT KALITATA R/O HOUSE NO. 18 SUGAM PATH ZOO ROAD TINIALI GUWAHATI P.O. AIDC P.S. GEETANAGAR DIST. KAMRUP (METRO) ASSAM PIN-781024 VERSUS GUWAHATI MUNICIPAL CORPORATION ANR ANR REPRESENTED BY ITS COMMISISONER, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION DISPUR GUWAHATI-6 Advocate for the Petitioner : MR. D P MANDAL, MR A.THAKURIA Advocate for the Respondent : SC, GMC, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 04.08.2025 Heard Mr. A. Thakuria, learned counsel for the petitioners. Also heard Mr. S. Bora, learned counsel for the respondents. This writ petition is filed by the petitioners who are employed under the Page No.# 3/4 GMC as Grade-IV Regularized Mazdoor. They were regularized by Order dated 10.02.2021 as “Regular Mazdoor”. The post of Regular Mazdoor is a Grade-IV post. However the petitioners are rendering functions of Grade-III employees due to having proficiency in skills like computing and other administrative works. The petitioner No.1, Sri Prasanta Deka was posted/attached and discharging his duties of the Grade-III Post in the Assessment Branch, West Zone of Guwahati Municipal Corporation at Bharalumukh. The petitioner No.2, Sri Ranjan Sarma was posted/attached and discharging his duties of the Grade- III Post in the Account Branch as dealing assistant in the Ganeshguri Head Office of Municipal Corporation at Ganeshguri, Guwahati. The petitioner No.3, Smt. Sangita Baruah was posted/attached and discharging her duties of the Grade-III Post in the office of the Joint Commissioner, Guwahati Municipal Corporation at Ganeshguri Head Office, Ganeshguri as personal assistant of the joint commissioner. The petitioner No.4, Sayeda Wahida Momtaj was posted/attached and discharging her duties of the Grade-III Post in the Computer Section, Ganeshguri Head Office of Guwahati Municipal Corporation at Ganeshguri. The petitioner No.5, Md. Mahidul Islam was posted/attached and discharging his duties of the Grade-III Post in the Veterinary Branch of Guwahati Municipal Corporation at Lakhtokia, Guwahati. The petitioner No.6, Smt. Tultul Mahanta was posted/attached and discharging her duties of the Grade-III Post in the Account Branch as dealing assistant in the Ganeshguri Head Office of Guwahati Municipal Corporation at Ganeshguri, Guwahati. It is the grievance of the petitioners that inspite of their appointments to the posts of Grade-IV, they are rendering their services and discharging their duties in Grade-III posts. However, they have not been considered for appointment or promotion to the next higher post of Grade-III. They have Page No.# 4/4 ventilated their grievances by filing two representations, namely the first representation dated 23.09.2024 and subsequently second representation dated 21.11.2024. These representations have not yet been disposed of by the Commissioner of the Guwahati Municipal Corporation (GMC). Mr. S. Bora, learned Standing Counsel for the Guwahati Municipal Corporation (GMC), submits that the writ petition can be closed by issuing a direction to the Commissioner, GMC, to dispose of the representations filed. The submission of the learned counsel for the GMC is not objected to by the learned counsel for the petitioners. Accordingly, the writ petition stands disposed of with a direction to the Commissioner, Guwahati Municipal Corporation (GMC), to examine the claims and grievances raised by the petitioners by their representations dated 23.09.2024 and 21.11.2024. If the petitioners are otherwise found to be rendering services in the Grade-III posts, notwithstanding they being regularized as Grade-IV employees, the authorities will take necessary steps for consideration of the claims of the petitioners towards promotion or appointment in the Grade-III posts under the GMC by adhering to the procedure as may be prescribed for filling up such posts. The services/duties rendered in Grade-III posts by the petitioners shall be also taken into account while considering the claims made by the writ petitioners for their promotion/appointment to Grade-III posts. Let these representations be disposed of within four (4) weeks from the date of receipt of the certified copy of this order. JUDGE Comparing Assistant