Page No.# 1/6 GAHC010157212025 2025:GAU-AS:16984 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3990/2025 RABIN KUMAR BAISHYA, ACF SON OF LATE PRATAP CHANDRA BAISHYA, RESIDENT OF DISPUR SUPERMARKET, USHA NAGAR, BYE LANE NO. 1, HOUSE NO. 4, GUWAHATI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SPECIAL CHIEF SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, GOVERNMENT OF ASSAM, ARANYA BHAWAN, PANJABARI,GUWAHATI, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI DIST. KAMRUP (M) ASSAM 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI DIST. KAMRUP (M) ASSAM 4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM Page No.# 2/6 ENVIRONMENT AND FOREST DEPARTMENT ARANYA BHAWAN PANJABARI GUWAHATI DIST. KAMRUP (M) ASSAM 5:THE CHIEF CONSERVATOR OF FORESTS ENVIRONMENT AND FOREST DEPARTMENT ARANYA BHAWAN PANJABARI GUWAHATI DIST. KAMRUP (M) ASSAM 6:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM Advocate for the Petitioner : MR. R MAZUMDAR, MR. M PHUKAN,MR. N J KHATANIAR,MR. R BORA,MR. R DEKA,MS R MEDHI Advocate for the Respondent : SC, FOREST, Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 09.12.2025 Heard Mr. N. J. Khataniar, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel, Forest Department for all the respondents. 2. This writ petition has been filed seeking a direction to the respondent authorities to consider the petitioner for promotion to the post of Deputy Conservator of Forest in the Department of Environment and Forests, Government of Assam, on the ground that his juniors have already been granted promotion. 3. The petitioner, while serving as Range Officer, was subjected to departmental proceedings and his promotion from Range Officer to Assistant Conservator of Forest was kept under sealed cover. By an order dated 09.04.2024, the petitioner was exonerated of all the charges. 4. Thereafter, the respondent authorities promoted the petitioner to the post of Assistant Conservator of Forest with retrospective effect from 23.12.2022, i.e. the date on which his junior was promoted, vide order dated 15.07.2024. Consequently, vide order dated 19.12.2024, the petitioner was provided with the benefit of seniority by fixing his name above one Shri Uttamananda Goswami, who was junior to him. Page No.# 4/6 5. It is the contention of the petitioner that since his juniors have already been promoted to the post of next higher grade, i.e. Deputy Conservator of Forest, the petitioner is entitled to be promoted to the said post from the date when his juniors were promoted. The Additional Principal Chief Conservator of Forests (Admin & Vig) has already recommended the case of the petitioner to the Special Chief Secretary to the Government of Assam, Environment & Forests Department, on 05.08.2024, for consideration of his promotion to the post of Deputy Conservator of Forest with retrospective effect. Thereafter, a Selection Committee Meeting for promotion to the post of Deputy Conservator of Forest from the Assistant Conservator of Forest in the Department was proposed to be held on 03.01.2025; however, the same has not been held as on today, thereby depriving the petitioner for consideration for promotion to the post of Deputy Conservator of Forest, whereas his juniors have already promoted to the next higher rank of Deputy Conservator of Forest. 6. Mr. N. J. Khataniar, learned counsel for the petitioner, submits that there is no dispute regarding the right of the petitioner to be considered for promotion to the post of Deputy Conservator of Forest, as he fulfills all eligible criteria under the relevant recruitment rules. He submits that non-consideration of the petitioner for promotion, while granting promotion to his juniors, has caused serious prejudice to him. Therefore, he prays for a direction to the respondent authorities to consider the case of the petitioner for promotion to the post of Deputy Conservator of Forest within a stipulated time frame. 7. Mr. I. Borthakur, learned Standing Counsel, Forest Department, submits Page No.# 5/6 that the proposed meeting of Selection Committee for promotion to the post of Deputy Conservator of Forest from the rank of Assistant Conservator of Forest, scheduled on 03.01.2025, could not be held due to certain administrative reasons. He fairly submits that as and when the Selection Committee meeting is convened, the case of the petitioner will be considered. However, as the convening of such a meeting involves multiple administrative processes, a definite timeline cannot be fixed for such exercise. 8. I have considered the submissions of learned counsel for the parties. 9. Admittedly, the petitioner is due for consideration for promotion to the post of Deputy Conservator of Forest, as he is presently serving as Assistant Conservator of Forest, which is the feeder cadre for the said post. He was promoted to the post of Assistant Conservator of Forest with retrospective effect from 23.12.2022, i.e. the date on which his junior was promoted. The petitioner has also been granted the benefit of seniority to his junior, who has already been promoted to the post of Deputy Conservator of Forest on 22.02.2024. 10. Having considered that the petitioner is eligible to be considered for promotion under the applicable rules, his juniors having been already promoted to the next higher rank of Deputy Conservator of Forest on 22.02.2024 and his case for promotion to the said post is yet to be considered and also taking note that the respondent authorities have already initiated the process for such consideration, I am of the considered view that the petitioner is entitled to be considered for promotion to the post of Deputy Conservator of Forest. Thus, it would be appropriate to direct the respondent authorities to consider the case Page No.# 6/6 of the petitioner for promotion to the post of Deputy Conservator of Forest in accordance with Rules. 11. Accordingly, the respondent authorities are directed to consider the case of the petitioner for promotion to the post of Deputy Conservator of Forest, strictly in accordance with the applicable rules, within a period of 4 (four) months from the date of receipt of this order. 12. Writ petition stands allowed and disposed of. JUDGE Comparing Assistant