SHRI DWIJEN BAISHYA v. THE STATE OF ASSAM AND 2 ORS
WP(C)/6682/2025 · 2025-11-27
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 24136 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24136 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010251122025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6682/2025 SHRI DWIJEN BAISHYA S/O LATE SHRI DEBENDRANATH BAISHYA, RESIDENT OF SONAIGHULI, DAKHINGAON, GUWAHATI, KAMRUP (M), ASSAM- 781034,PRESENTLY SERVING AS PEON IN THE OFFICE OF THE ASSISTANT COMMISSIONER OF TAXES, GUWAHATI UNIT-C, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE (TAXATION) DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER OF TAXES ASSAM HAVING HIS OFFICE AT KAR BHAWAN DISPUR GUWAHATI- 781006 3:THE ASSISTANT COMMISSIONER OF TAXES GUWAHATI UNIT-C KAR BHAWAN GUWAHATI DISTRICT KAMRUP (M) ASSA Advocate for the Petitioner : MR. S P SHARMA, K AHMED,S DAS Advocate for the Respondent : SC, FINANCE DEPTT.,
Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 28.11
.2025 Heard Mr. S.P. Sharma, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Addl. Advocate General for the Finance Department. The petitioner before this Court is aggrieved that his representation dated 27.10.2025 filed by the authority, which according to the petitioner has not been considered by the respondent authority. The petitioner is aggrieved that his case has not been considered for the promotion to the next higher post as has been done in cases of other similar situated candidates. In terms of the last order the learned Addl. Advocate General has been posted with the instructions that in terms of the amendment carried out of the Assam Ministerial Service Rules, 1967, the education qualification for promotion has been raised from higher secondary to graduate or equivalent degree. Since the petitioner is not a graduate his case was not considered. Be that as it may, since the representation of the petitioner is still pending, the authorities will consider the matter as per provisions of law and pass effective orders thereof disposing of the representation, any such speaking
order that is passed, a copy thereof shall be served on the writ petitioner. This entire exercise be carried out within a period of 60 days from the date of receipt of certified copy of this order. Needless to say, the writ petition stands disposed of without expressing anything on merit. JUDGE Comparing Assistant