Page No.# 1/6 GAHC010115312015 2024:GAU-AS:4833 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2275/2015 SMTI. NILIMA BALA MALI W/O LT. BHADRESWAR MALI, R/O SATPUKHALI, P.O. CHAYGAON, DIST- KAMRUP RURAL, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, ENVIRONMENT AND FORESTS DEPTT., DISPUR, GHY-6 2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM REHABARI GHY-6 3:THE CHIEF CONSERVATOR OF FORESTS CENTRAL ASSAM GHY-01 4:THE DIVISIONAL FORESTS OFFICER KAMRUP WEST DIVISION BAMUNIGAO Advocate for the Petitioner : MR.J SARMA, Advocate for the Respondent : SC, FORESTR1-4, MR. I BORTHAKUR Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 13.11.2025 Heard Mr. J. Sarma, learnend counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department. 2. The present writ petition has been instituted by the petitioner claiming promotional benefits due to her deceased husband with retrospective effect along with the release of the consequential monetary benefits. The husband of the petitioner while working as a Forester Grade-I came to be placed under suspension vide an order dated 04.06.2001. The suspension of the husband of the petitioner was followed by an initiation of Departmental Proceeding against him. The said Departmental Proceedings came to be closed vide an order dated 14.03.2012 exonerating the petitioner’s husband from the charges leveled against him. The period of suspension was also directed to be treated as duty for all purposes. The petitioner’s husband on being reinstated in his service having noticed that his juniors were already considered and promoted to the post of Deputy Ranger in the year 2010 and Ranger in the year 2012, approached the respondent authorities praying for his promotion with retrospective effect. Considering his prayer, the respondent authorities promoted the petitioner’s husband to the post of Deputy Ranger vide issuance of an order dated 05.08.2013. On his such promotion it was directed that his seniority in the rank of Deputy Ranger be placed between Pradip Kumar Das and Arun Chandra Manta. The petitioner’s husband, thereafter approached the authorities for grant of retrospective effect to his promotion to the rank Page No.# 3/6 of Deputy Ranger and also promotion with retrospective effect to the post of Ranger. However, during the pendency of the said representation unfortunately husband of the petitioner passed away on 23.11.2013 after being the victim of a motor accident. With the above grievance, the petitioner has instituted the present writ petition praying for relief as notice hereinabove. 3. I have heard the learned counsel for the parties and also perused the materials available on record. 4. It is an admitted fact that the husband of the petitioner was placed on suspension vide an order dated 04.06.2001. The said order of suspension continued to be in operation till the Disciplinary Authority on conclusion of the Disciplinary Proceedings instituted against the petitioner’s husband, passed the order dated 14.03.2012, dropping the proceeding instituted against him and thereby exonerating him from the charges so leveled against him. The period of suspension was also found to have been regularized as on duty. The materials brought on record reveals that the husband of the petitioner had remained under suspension for a period more than 10(ten) years. However it is not seen from the records that the husband of the petitioner had approached this Court and/or the authorities for setting aside or revoking the said order of suspension. During the period when the petitioner was under suspension, the respondent authorities have proceeded to consider the cases of eligible Forester Grade-I for promotion to the rank of Deputy Ranger. On such consideration being made by the respondent authorities vide an order dated 12.02.2010 proceeded to promote the persons found eligible for such promotion to the rank of Deputy Ranger. Amongst the persons promoted was one Arun Chandra Manta, who is projected to be junior Page No.# 4/6 to the petitioner, herein, in the rank of Forester Grade I. Thereafter the incumbents in the rank of Deputy Ranger were further considered for promotion to the rank of Forest Ranger and accordingly on such consideration being made, the respondent authorities vide an order dated 07.03.2012 proceeded to promote the persons found eligible for such promotion to the rank of Forest Ranger. Arun Chandra Manta, who is projected to be junior to the petitioner’s husband, also was promoted as Forest Ranger vide the said order dated 07.03.2012. 5. The husband of the petitioner on his reinstatement in service, approached the authorities for considering his case for promotion to the rank of Deputy Ranger with retrospective effect by submitting a representation dated 19.04.2013. In pursuance to the said representation the respondent authorities proceeded to issue an order dated 05.08.2013, promoting the petitioner’s husband, herein, to the rank of Deputy Ranger. On his such promotion the seniority of the petitioner’s husband was directed to be fixed between Pradip Kumar Das and Arun Chandra Manta. The order dated 05.08.2013 does not reveal that the promotion effected in respect of the petitioner’s husband, herein, was so effected with retrospective effect. The petitioner’s husband as noticed, herein, unfortunately was a victim of a motor accident and he passed away on 23.11.2013. 6. In the above background, the petitioner, herein, has prayed for grant of retrospective effect to the promotion of her husband to the rank of a Deputy Ranger w.e.f. 12.02.2010 and to the rank of Forest Ranger w.e.f. 29.02.2012. The husband of the petitioner being no longer in this world, this Court, is not in a position to direct for grant of retrospective effect to his promotion to the rank of Deputy Ranger. This Court also notices that the petitioner’s husband during his lifetime had Page No.# 5/6 not presented any challenge to the order dated 05.08.2013, by which he was promoted to the rank of Deputy Ranger, for effecting it with retrospective effect. 7. Further, this Court in the event passes any direction for granting retrospective effect to the promotion of the petitioner’s husband to the rank of Deputy Ranger, the same would adversely affect the interest of other persons who were so promoted vide an order dated 12.02.2010. This Court finds that none of the promoted persons vide the order dated 12.02.2010, including said Arun Chandra Manta has been made a respondent in the present proceedings. Accordingly, in the absence of the persons who would likely be affected by grant of retrospective effect to the promotion of the petitioner’s husband to the rank of Deputy Ranger, this would not be in a position to pass any affirmative order in favour of the petitioner, herein. 8. The petitioner has also prayed for promotion of her husband w.e.f. 29.02.2012 to the rank of Forest Ranger. This Court noticing that the husband of the petitioner is no longer in this world, and during his lifetime he had not instituted any proceedings in connection, this court at this juncture cannot direct the respondent authorities to promote the petitioner’s husband with retrospective effect to the rank of Forest Ranger, inasmuch as, such direction cannot be complied with, as the husband of the petitioner, cannot assume the charge of the post of Forest Ranger. 9. In view of the above conclusions drawn by this Court, the present writ petition is held to be devoid of any merit and accordingly stands dismissed. However there would be no order as to costs. Page No.# 6/6 JUDGE Comparing Assistant