Page No.# 1/5 GAHC010222432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5959/2025 SRI NABAJYOTI BORA SON OF LATE UPENDRA NATH BORA, RESIDENT OF LAXMINAGAR, HOMEOPATHIC COLLEGE ROAD, POST OFFICE HAIBORGAON, PIN 782002, DISTRICT NAGAON, ASSAM PRESENTLY RESIDING AT HENGRABARI HOUSING COLONY, LIG BUILDING NO 8, UNIT NO 2, GUWAHATI 781006, DISTRICT KAMRUP (M), ASSAM VERSUS THE ASSAM STATE HOUSING BOARD AND 4 ORS REPRESENTED BY ITS COMMISSIONER, R.G. BARUAH ROAD, GUWAHATI 781005 2:THE CHAIRMAN ASSAM STATE HOUSING BOARD RG BARUAH ROAD GUWAHATI 781005 3:THE COMMISSIONER ASSAM STATE HOUSING BOARD RG BARUAH ROAD GUWAHATI 781005 4:DEPARTMENTAL PROMOTION COMMITTEE ASSAM STATE HOUSING BOARD RG BARUAH ROAD GUWAHATI 781005 REPRESENTED BY ITS CHAIRMAN 5:SRI DHANJIT DAS ASSISTANT RESEARCH OFFICER ASSAM STATE HOUSING BOARD Page No.# 2/5 RG BARUAH ROAD GUWAHATI 78100 Advocate for the Petitioner : MR. T R SARMA, NAYANMONI KALITA Advocate for the Respondent : SC, A S H B, B DUTTA (R-5) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.11.2025 Heard Mr. TR Sarma, learned counsel for the petitioner. Also heard Mr. T Gogoi, learned Standing Counsel, Assam State Housing Board for the respondent nos. 1 to 4 and Mr. B Dutta, learned counsel for the respondent no.5. 2. The writ petitioner is presently serving as a Zonal Housing Officer at the Assam State Housing Board. The post of Chief Administrative Officer is lying vacant since 31.01.2024 and as per the regulation as well as the resolutions adopted by the Board of Directors, the post of Chief Administrative Officer is to be filled up by a person who satisfy the eligibility criteria and has a minimum of 15 (fifteen) years of experience in the Officer Cadre of the Board. According to the petitioner, he fulfills the criteria and therefore, made an application to the Commissioner of the Assam State Housing Board for consideration of his case Page No.# 3/5 for promoting him to the Chief Administrative Officer. It is the grievance of the writ petitioner that the respondent authorities, however, did not consider the case of the petitioner but instead permitted the private respondent no.5 only to assume charge till steps are taken for regular process for filling up of the post of Chief Administrative Officer. In the meantime, the petitioner came to be promoted to the post of Additional Chief Administrative Officer. However, his claim for further promotion to the post of Chief Administrative Officer has not been taken into consideration. It is his further case that the authorities are contemplating to give regular promotion to the private respondent no.5, who is junior to the petitioner in the gradation list in so far as the writ petitioner is concerned. Being aggrieved, the petitioner is before this Court. 3. The learned Standing Counsel, Assam State Housing Board was permitted to obtain instructions and he has filed an affidavit on behalf of the Housing Board where there is a clear averment made that the process for selection and promotion to the post of Chief Administrative Officer has not been given effect to. Further, the post of Chief Administrative Officer was declared as an ex-cadre post. However, at present, the said post of Chief Administrative Officer is lying vacant and as and when the Board decides to proceed to fill up the post of Chief Administrative Officer, the petitioner will also be considered as a candidate for appointment after following the prescribed procedure. The respondents have Page No.# 4/5 also made averments in the affidavit that the private respondent no.5 was not granted regular promotion to the post of Chief Administrative Officer but he is only officiating as the Chief Administrative Officer only. 4. Considering the submissions made and upon careful perusal of the pleadings available on record, it is seen that the respondent authorities as on date have not proceeded to make regular promotion to the post of Chief Administrative Officer and as and when the process is initiated, eligible persons, including the petitioner, will be considered for promotion. The petitioner did not dispute the averments made in the affidavit by filing the rejoinder affidavit. 5. Under such circumstances, it is seen that the respondents do not dispute the contention of the petitioner that he is eligible for further promotion. The only averment made in the affidavit is that the process for regular selection has not commenced as on date. 6. Accordingly, the petition stands disposed of with the direction to the respondent no. 3, namely, the Commissioner, Assam State Housing Board, to take into consideration the claims of the writ petitioner at the time when the Board proceeds to fill up the post of Chief Administrative Officer on regular basis. It is made clear that good governance demands that all vacancies must be filled up as per the Rules as expeditiously as possible. Filling up these posts Page No.# 5/5 by means of any temporary measure is generally resorted to only on administrative exigencies. However, such practice ought not to be followed beyond a particular period of time as the Rules are in place. Therefore, it is expected that the respondents will take all necessary steps and proceed to fill up the post of Chief Administrative Officer on a regular basis and the case of the petitioner will also be given its due consideration. 7. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant