Page No.# 1/4 GAHC010011632024 2025:GAU-AS:10632 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/336/2024 MD. MUKIBUR RAHMAN S/O LT. HASMAT ALI, VILL- JAJARI PAGHALI, P.S.-MIKIRBHETA, P.O.- BORMONIPUR, DIST-MORIGAON, ASSAM, PIN-782142 VERSUS THE STATE OF ASSAM AND 2 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DISTRICT COMMISSIONER MORIGAON DIST-MORIGAON ASSAM 782105 3:THE ADDL. DISTRICT COMMISSIONER (PERSONAL BRANCH) MORIGAON DIST-MORIGAON ASSAM 78210 Advocate for the Petitioner : MR. Z HAMMAD, Advocate for the Respondent : GA, ASSAM, MR. A PHUKAN (SC, GAD),MS U SHARMA (R-2& 3) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.08.2025 1. Heard Mr. Z. Hammad, the learned counsel for the petitioner. Also heard Mr. J. K. Goswami, the learned Additional Senior Government Advocate, Assam appearing for the State Respondents as well as Mr. Phukan, the learned Standing Counsel, GAD appears for the respondent No. 1 2. This petition was filed by the petitioner with a limited prayer that he is presently serving as Senior Assistant, in the Office of the District Commissioner at Morigaon, Assam. 3. It is his submission that he is eligible for being considered for promotion to the next higher post of Revenue Sheristadar/Administrative Officer. The Department ought to consider his case for such promotion. 4. However, in spite of his representations before the authorities concerned, his prayer has not been considered. 5. Mr. J. K. Goswami, the learned Additional Senior Government Advocate, Assam appearing for the State Respondents submits that the original file/the records bearing file number is MPE. 6.2022/1. pertaining to the process to be undertaken for filling up of the post of Revenue Sheristadar/Administrative Officer could not be traced out. 6. He submits that once the file is traced out, the process will be undertaken. Whether the petitioner will be eligible for promotion cannot Page No.# 3/4 be decided at this stage as the concerned file has not been traced out. 7. Mr. A. Phukan, the learned Standing Counsel, GAD appearing for the respondent No. 1 submits that the concerned papers have not yet been forwarded to the GAD Department, which will have to constitute the selection committee. 8. Having heard the learned counsels for the parties and upon taking into consideration the submissions made by the petitioner, read with the prayers made in the writ petition, this Court is of the view that the writ petition can be closed with a direction to the respondent authorities to consider the claims of the petitioner for promotion to the next higher post of Revenue Sheristadar/Administrative Officer when the process for such promotion is initiated. Although promotion is not a fundamental right, but consideration for promotion is and therefore, the Government as a model employer, it is required to provide avenues to the employees to avoid stagnation for due promotion. 9. It is expected that the Government will take all necessary steps to initiate the process for promotion to the post of Revenue Sheristadar/Administrative Officer as per the rules and procedures prescribed. If the petitioner is found to be eligible and comes within the zone of consideration, his claims should be considered in terms of the rules and procedures prescribed. 10. This petition stands disposed of in terms of the above. Page No.# 4/4 JUDGE Comparing Assistant