Page No.# 1/4 GAHC010189502024 2025:GAU-AS:1339 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4742/2024 MANOJIT BUZARBARUAH S/O- LATE SATISH CH. BUZARBARUAH, R/O- HOUSE NO. 16, BANGAON, GUWAHATI, P.O. BELTOLA, P.S. BASISTHA, DIST. KAMRUP (METROPOLITAN), ASSAM, PIN- 781028. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, JANATA BHAWAN, DISPUR, GUWAHATI-781006. 2:GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER BHANGAGARH GUWAHATI-781005. 3:MAYOR-IN-COUNCIL OF GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY ITS MAYOR BHANGAGARH GUWAHATI-781005. 4:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION BHANGAGARH GUWAHATI-781005. 5:THE BRANCH OFFICER PERSONAL BRANCH GUWAHATI MUNICIPAL CORPORATION UZANBAZAR GUWAHATI-781001. Page No.# 2/4 6:THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION GANESHGURI GUWAHATI ASSA Advocate for the Petitioner : MR. P D NAIR, MR G ALAM,MR. H ROHMAN,MR S R A NASER Advocate for the Respondent : GA, ASSAM, SC, GMC BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 10.02.2025 1. Heard Mr. G Alam, learned counsel for the petitioner. Also heard Mr. S Borah, learned standing counsel, Guwhati Municipal Corporation appearing for respondent Nos.1 to 5 and Mr. A Chakraborty, learned standing counsel for the respondent No.6. 2. By way of the present writ petition under Article 226 of the Constitution of India, the petitioner amongst others is seeking a direction to the respondent authorities to create a post of Additional Chief Engineer, GMC and to promote the petitioner to the said post. 3. Such prayer made by the petitioner is based on a decision taken on 18.08.2022 in the meeting of Mayor in Council of Guwahati Municipal Corporation. The Mayor-in-Council took a decision that some of the Engineers in the Corporation have been working in the same post for 20-25 years and have not been promoted for many years. Accordingly the Mayor in council under its decision No.3 Page No.# 3/4 approved creation of additional post of engineers by amending the staffing pattern to ensure proper performance of municipal services in the city which includes one post of Additional Chief Engineer. 4. The service condition of the petitioner is admittedly governed by Guwahati Municipal Corporation Engineering Service Rule, 2004 which was enacted in exercise of power under the section 67(3) and section 415 of the Guwahati Municipal Corporation Act, 1973. Under the aforesaid rules, 2004, there is no post/cadre of Additional Chief Engineer. 5. Section 67(3) of the Guwahati Municipal Corporation Act, 1973 prescribes for municipal officers and staffs. In terms of the aforesaid section 67(3), the Corporation is empowered to appoint person including officers on deputation from state government to be a chief engineer etc and Rule 67(4) prescribes that the appointment of every officer referred in section 67(1) shall be subject to approval of the government. 6. Section 415 empowers enacting rules regulation and bylaws. Thus, the aforesaid Rule, 2004 has been enacted in exercise of the statutory powers. The said rule specifically prescribes class, cadres etc including preparation of gradation list, mode of appointment, reservation, promotion etc. 7. Schedule 1 of the Rule, 2004 includes six categories of engineers, i.e., Chief Engineer, Superintending Engineer, Executive Engineer, Assistant Executive Engineer, Assistant Engineer, Junior Engineer. And there is no post/cadre of Addl. Chief Engineer. 8. In the aforesaid backdrop, a writ of mandamus cannot be Page No.# 4/4 issued asking the respondent corporation to create an additional post inasmuch as by virtue of the decision taken by Mayor in Council, no right can be created in favour of the petitioner until and unless Rules’ 2004 are amended and/or new post are created by the competent authorities. 9. In the considered opinion of this court, as on date no right has been matured to issue a writ of mandamus for creation of such a post. 10. Accordingly this writ petition stands closed. However, liberty is given to the petitioner to represent before the competent authority for redressal of his grievance and the same may be considered by the Commissioner, Guwahati Municipal Corporation as per law, within a period of 6 weeks from the date of filing a representation of the petitioner. JUDGE Comparing Assistant