Page No.# 1/5 GAHC010107912025 2025:GAU-AS:14784 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2977/2025 UMESH CH DEKA AND 3 ORS. S/O LATE JADAB DEKA R/O FATASHIL KAILASHPUR, ASEB ROAD, P.O. KUARPARA, P.S. BHARALUMUKH DIST. KAMRUP (M), ASSAM PIN-781009 2: MD. SAYEDAR RAHMAN S/O MD. HASER ALI R/O SURJYANAGAR DALBARI ROAD SATGAON P.O. UDAYAN BIHAR P.S. SATGAON DIST. KAMRUP (M) ASSAM PIN-781171 3: SRI ANIL CHANDRA DEKA S/O LATE SARAT DEKA R/O HOUSE NO. 09 JONALI NAGAR BYE LANE -2 UDAYAN PATH P.O. SAUKUCHI P.S. GARCHUK DIST. KAMRUP (M) ASSAM PIN-781040. 4: SRI BIDYADHAR SARMA S/O LATE NARAYAN CH. SARMA Page No.# 2/5 R/O HOUSEN O. 79 R.G.B. SMARANI BARSAPARA P.O. BINOVANAGAR P.S. FATASHIL AMBARI DIST. KAMRUP (M) ASSAM PIN-781018 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN AFFAIRS, P.O.AND P.S. DISPUR, GUWAHATI-781006. 2:THE GUWAHATI MUNICIPAL CORPORATION GUWAHATI BHANGAGARH DIST. KAMRUP (M) ASSAM PIN-781005. 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION 2ND FLOOR DIRECTORATE OF TOWN AND COUNTRY PLANNING GMC DISPUR GANESHGURI NEAR GANESH MANDIR GUWAHATI DIST.KAMRUP (M) ASSAM PIN-78100 Advocate for the Petitioner : MR K PUJARI, MS. S CHAKRABORTY,JONA DEVI,MS. K A PUJARI Advocate for the Respondent : SC, GMC, Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 01.11.2025 Heard Mr. K Pujari, learned counsel for the petitioners. Also heard Mr. S Bora, learned Standing counsel, GMC for the respondents. 2. By way of the instant writ petition under Article 226 of the Constitution of India, the petitioners are seeking, inter alia, for a direction to the respondent authorities to consider the case of the petitioners for promotion to the next higher cadre. 3. The brief facts of the case are that the petitioners are serving in the Guwahati Municipal Corporation and are presently holding the post of UDA (Upper Division Assistant). Although all the petitioners are posted as UDA, but they were entrusted duties of higher cadre. Being aggrieved, all the petitioners approached this Court by way of filing two writ petitions, being WP(C) No. 385/2022 and WP(C) No. 97/2022 and the Court after hearing the parties vide its common order dated 19.04.2022 directed all the petitioners to file individual representations raising their claims for consideration for promotion and on receipt of the same, had also directed the Commissioner, Guwahati Municipal Corporation to pass a reasoned order. Accordingly, the petitioners filed their individual representations before the Commissioner, Guwahati Municipal Corporation and the Commissioner, Guwahati Municipal Corporation vide order dated 09.05.2023 under No. GPR/55//2021/101/213 stated that in absence of any service rule, the criteria of seniority has been adopted by the Departmental Promotion Committee. It is pertinent to mention herein that Guwahati Muicipal Corporation has no service rule. Moreover, in the aforesaid order, the authorities of Guwahati Municipal Corporation has given promotion to the petitioner No. 2 of WP(C) No. 385/2022 and all others are left out due to lack of vacancy. 4. As per the recent Draft Gradation List (Seniority) issued by the Commissioner, Page No.# 4/5 Guwahati Municipal Corporation, petitioner No. 1 is placed at Serial No. 8, petitioner No. 2 is placed at Serial No. 6, petitioner No. 3 is placed at Serial No. 12 and the petitioner No. 4 is placed at 15 of the Seniority List. As per the knowledge of the petitioners, there are about 16 (sixteen) numbers of posts in the next higher cadre (such as Assessment Officer, License Officer, Head Assistant etc.) from the post of UDA are existing vacant under Guwahati Municipal Corporation. As such, the petitioners, only 4 (four) in numbers can easily be promoted in the existing vacancies, no hindrance would be caused to the respondent authorities but it would rather remove stagnation in service. Moreover, again on 29.01.2025, all the petitioners approached the respondent authorities with a representation for promotion, but the authorities did not take any steps to promote the petitioners. Situated thus, the present writ petition has been filed. 5. Mr. K Pujari, learned counsel for the petitioners submits that in the context of the aforesaid facts, the petitioners are seeking for a direction for promotion from the post of UDA to the next higher cadre. 6. On 02.06.2025 while issuing notice, this Court directed the learned Standing counsel, GMC to obtain necessary instructions in the matter in respect of the grievances raised by the petitioners. 7. Today when the matter is called, Mr. S Bora, learned Standing counsel, GMC submits that since in the draft Gradation List of UDA annexed to the writ petition as Annexure-7, the names of the petitioner Nos. 1, 2, 3 and 4 being placed at Serial Nos., 8, 6, 12 & 15 respectively, the instant writ petition can be disposed of by directing the respondent No. 3, Commissioner, GMC to place the case of the petitioners before the next DPC for consideration of their cases for promotion to the next higher cadre. 8. In view of the categorical endorsement made by the learned Standing counsel, GMC and having perused the materials available on record, this Court is of the considered opinion that this writ petition can be disposed of at the Admission stage Page No.# 5/5 itself, by directing the respondent No. 3, Commissioner, Guwahati Municipal Corporation to place the case of the petitioners before the next Departmental Promotion Committee for their promotion to the next higher cadre. 9. Ordered accordingly. 10. Let the entire exercise be completed within an outer time frame of 3 (three) months from the date of receipt of certified copy of this order. 11. With the above observations and directions, this writ petition, stands disposed of. JUDGE Comparing Assistant