Page No.# 1/4 GAHC010046362020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/145/2020 SAMIRAN PANCHANAN S/O LATE DINA NATH PANCHANAN, VILL-JATIA, P.O.-SACHIVALAYA, DIST- AKMRUP(M), PIN-781006 VERSUS PREETAM SAIKIA, IAS AND ANR. SECRETARY AND COMMISSIONER TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:SANJIV KUMAR BHUYAN AES DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19 ASSA Advocate for the Petitioner : MR. A DEKA, Advocate for the Respondent : MR. D SAIKIA (R1), MR. R MAZUMDAR (R1),MR S M T CHISTIE (R1) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.11.2025 None appears for the petitioner on call. Page No.# 2/4 2. Mr. S.M.T Chistie, learned counsel appears for the both the respondents. 3. This Court by order dated 23.07.2019 passed in W.P(C) No. 1876/2016 had disposed of the writ petition with the following directions: “23-07-2019 Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department. 2. In this petition the petitioner is seeking for a direction to the respondent authorities to promote the petitioner to the higher post of Assistant Planning Officer/Assistant Research Officer as he is holding the post of Planning Assistant since 31.10.1994. He submits that he is entitled to be considered for higher post mentioned above as he fulfills all the essential qualifications and the experience for promotion to the said post. The learned counsel for the petitioner submits that there are 4 posts of Assistant Planning Officers/Assistant Research Officers which are lying vacant presently in the Department. 3. Learned counsel for the petitioner submits that the Anomaly Committee of 2010 has already recommended the case of the petitioner for promotion to the higher post and thereafter, the respondent no.2 submitted the proposal on 30.12.2011 to the respondent no.1 for considering the case of the petitioner, which, however, has not been done till date. 4. It goes without saying that the right to be considered for promotion is recognized to be fundamental right of an employee and as such, if vacancies exist to the higher post and the claimant fulfills all the essential qualifications for promotion, he/she cannot be denied the right to be considered for promotion. 5. In that view of the matter, the present petition is disposed of by directing the respondent authorities, more particularly, the respondent no.1 to consider the case of the petitioner along with other eligible candidates for promotion to the aforesaid higher post provided the said posts are under promotional quota and vacancies exist under the respondent no.2. The said exercise shall be undertaken by the respondent no.1 within a period of 3 (three) months from the date of receipt of the certified copy of this order. In order to expedite the process the petitioner will furnish his particulars to the authorities.” 4. According to the petitioner, since these directions were not complied with, the contempt petition has been filed. Page No.# 3/4 5. During the pendency of the contempt petition, the petitioner retired from service. 6. Mr. SMT Chistie, learned counsel for the respondents on instructions submits that due to non-availability of relevant service Rules, the process for promoting the petitioner could not be carried out immediately. Therefore, the relevant files were endorsed to the Finance Department for their approval and upon meeting the queries raised by the Finance Department, the files were endorsed to the Personnel Department, whereupon the same was returned with the queries of the Personal Department and finally the queries were met and the file was put up and was given approval on 09.03.2023. Since the name of the petitioner, who was the Planning Assistant, was not included in the Gradation list of Planning Assistants submitted by the Director of Elementary Education, the promotional benefits could not be granted to the petitioner as he had already superannuated from service on 28.02.2023. A copy of these instructions received by Mr. Chishti is placed on record. 7 Since the direction of the Writ Court was to consider the case of the petitioner along with other eligible candidates for promotion to the next higher post under the promotional quota and although the exercise was directed to be undertaken within a period of three months, in the absence of the service Rules available, the Department had to take up the issue by processing the relevant files and meeting the queries of the concerned departments, namely Personnel and Finance. The same having been completed. Steps were taken for promoting the eligible persons to the next higher post. However, by the time, the petitioner had superannuated and therefore the claim of the petitioner could not be undertaken. Since there is no specific direction by the Court to grant promotion to the petitioner, the explanations offered by the respondents are considered Page No.# 4/4 sufficient and the Contempt petition stands closed. 8. Notices issued, if any, stand recalled. 9. Accordingly, the contempt petition stands disposed of. JUDGE Comparing Assistant