Page No.# 1/6 GAHC010128382023 2025:GAU-AS:16287 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4484/2023 PRABIN KHAKHALARY S/O- PMOHAN KHAKHLARY R/O- VILL.- SALPARA P.O. MANUPARA P.S. DUDHNOI DIST. GOALPARA ASSAM AND PRESENTLY SERVING AS KHALASI IN THE OFFICE OF THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING GOALPARA DIVISION DIST. GOALPARA ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-6. 2:THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GHY-6. 3:THE SECRETARY TO THE GOVT. OF ASSAM PERSONAL (B) DEPARTMENT DISPUR GUWAHATI-6. 4:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (WATER) Page No.# 2/6 ASSAM HENGRABARI GUWAHATI-36 DIST. KAMRUP(M) ASSAM 5:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING OFFICE OF THE CHIEF ENGINEER PHE (W) HENGRABARI GUWAHATI-36 DIST. KAMRUP(M) ASSAM 6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING GOALPARA DIVISION GOALPARA DIST. GOALPARA ASSAM 7:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING GUWAHATI CIRCLE GUWAHATI-21. 8:THE DIVISIONAL LEVEL SELECTION COMMITTEE REPRESENTED BY THE CHAIRMAN CUM SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING GUWAHATI CIRCLE GUWAHATI-21. ------------ Advocate for : MR. J I BORBHUIYA Advocate for : SC PERSONAL DEPT. appearing for THE STATE OF ASSAM AND 7 ORS Page No.# 3/6 BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 28/11/2025 Heard Mr. J I Borbhuiya, learned counsel for the petitioner. Also heard Mr. I Borthakur, learned Standing counsel, PHE and Mr. D Bora, learned Standing counsel, Personal Department. 2. The instant writ petition has been filed by the petitioner for not giving promotional benefit to the petitioner to the post of Pump Operator, in pursuance to the recommendation of the Divisional Level Selection Committee, vide Minutes dated 08.07.2022, basing on existing gradation list of Grade-IV staff of Goalpara Divisions of Public Health Engineering, which was forwarded to the Chief Engineer, PHE (W), Assam vide communication of Executive Engineer, Public Health Engineering, Goalpara Division for necessary approval vide a communication dated 12.07.2022. 3. It is the case of the petitioner that though a recommendation was made by the Divisional Level Selection Committee, the case of the petitioner was returned back vide a communication dated 19.11.2022, holding that promotional aspect from personal post is not there, despite the fact that order of regularization does not debar the petitioner from promotional avenue. 4. The petitioner is aggrieved by the aforesaid communication, whereby, the cases of the petitioner was returned back without acting upon the same and Page No.# 4/6 giving any benefit of the recommendation made by the Divisional Level Selection Committee. 5. Mr. J I Borbhuiya, learned counsel for the petitioner submits that though in the case of Dilip Talukdar & 21 Others Vs. State of Assam and Others, reported in 2017 (2) GLT 135 and Kuladhar Talukdar and Others Vs. State of Assam & Others, reported in 2021 0 Supreme (Gau) 94, wherein, it had been held that regularization of Grade-IV worker against a personal post would not ensure his entry in the encadred post, which was a feeder cadre for promotion to any higher cadre post, however, in terms of the order dated 14.05.2025 passed by a Division Bench of this Court in WA No. 5/2024, wherein, a direction has been issued to the State Government to consider the applications of those appellants in WA No. 5/2024, which was lying with the Government, for encadrement of their posts, the petitioners being similarly situated, the cases of the petitioner could also be directed to be considered by the State Government for encadrement and subsequent benefits, if any. 6. In view of the above, Mr. Borbhuiya, learned counsel submits that the instant case can also be disposed of with a similar direction that on submission of application by the petitioner, his case should also be considered by the said State Government and decide his application within a reasonable time period. 7. The learned counsel for the petitioner further submits that a similar order has also been passed by a Division Bench of this Court vide order dated 08.09.2025 in WA No. 228/2025. 8. On perusal of the aforesaid order dated 08.09.2025 reveals that a direction has been passed by the Division Bench of this Court in that case to Page No.# 5/6 take a decision on the encadrement of the post held by the appellant (appellant in WA No. 228/2025), provided he submits an application for the same within a period of 2 (two) weeks from the date of passing of the aforesaid order. 9. This Court has also perused the order dated 14.05.2025 passed in WA No. 5/2024, wherein, in a similar situation like the instant case, the Division Bench in WA No. 5/2025 had given the following directions- “Learned counsel appearing for the respondents has no objection if such an observation is made by this Court while disposing of this writ appeal. In the above facts and circumstances of the case, this writ appeal is disposed of with the observation that if the case of the appellants for encadrement of their posts is pending consideration with the State Government and has not been decided till date, the State Government shall take a decision on the matter without being influenced by the impugned order passed by the learned Single Judge in WP(C) No. 5579/2023.” 10. In view of the aforesaid orders passed by the two different Division Benches of this Court, this Court is also of the considered opinion that the instant writ petition could also be disposed of with a similar direction, i.e., directing the State Government to consider the case of the petitioner for encadrement of the post held by the petitioner on submission of application in that regard by the petitioner. It is further directed that on submissions of such application, the State Government shall take a decision within a period of 3 (three) weeks of receipt of a copy of the instant order. Page No.# 6/6 11. In view of the aforesaid observation and direction, the instant writ petition stands disposed of. JUDGE Comparing Assistant