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2025 DAILYLAW 6323 (GAU)

MONOJ DEB CHOUDHURY v. THE STATE OF ASSAM AND ORS

WP(C)/463/2025 · 2025-02-04

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010014242025 2025:GAU-AS:1172 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/463/2025 MONOJ DEB CHOUDHURY S/O MOTILAL DEB CHOUDHURY, RESIDENT OF A K AZAD ROAD WARD NO. 18, BISHNUPALLY, DIST HOJAI, ASSAM PS HOJAI, 782435 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF AGRICUTLURE, JANATA BHAWAN, DISPUR GUWAHATI 781006 2:THE SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF AGRICUTLURE JANATA BHAWAN DISPUR GUWAHATI 781006 3:THE ADDL SECRETARY TO THE GOVT OF ASSAM DEPARTMENT OF AGRICUTLURE JANATA BHAWAN DISPUR GUWAHATI 781006 4:DEPARTMENT PROMOTION COMMITTEE REPRESENTED BY ITS CHAIRMAN AGRICULTURE DEPT GOVT OF ASSAM 5:THE CHAIRMAN DEPARTMENT PROMOTION COMMITTEE GOVT OF ASSAM 6:THE EXECUTIVE ENGINEER AGRICULTURE DEPARTMENT KARIMGANJ ASSAM 78871 Page No.# 2/3 Advocate for the Petitioner : MR. A KHANDAKAR, MISS. J GOGOI,MR J. B. CHOUDHURY,MR P J DUTTA,MR B P BORAH Advocate for the Respondent : SC. AGRICULTURE, BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 05.02.2025 1. Heard BP Borah, learned counsel for the petitioner. Also heard Ms. G Bora, learned standing counsel for the all respondents. 2. According to the petitioner, he was appointed as Junior Engineer on 15.06.2012 and continued in his service for last 12 years. According to him, he is qualified for promotion from the post of Junior Engineer to Assistant Engineer in terms of Assam Agricultural Engineering Service Rules, 2007. However, the respondent has not considered his case for promotion. Accordingly, the petitioner has filed a representation before the Secretary to the Govt. Of Assam, Agriculture Department on 15.02.2023, which is still pending. Mr. Borah, learned counsel submits that such representation of the petitioner is required to be considered. 3. Ms. G Bora, learned standing counsel for the Agriculture Department submits that since a representation has already been filed, the Secretary to the Govt. Of Assam, Agriculture Department will definitely consider the same being a model employee. 4. It is true that promotion might not be a fundamental right, however, consideration for promotion is a valuable right if the person is qualified for such promotion and is in the zone of consideration. Page No.# 3/3 5. Accordingly, in the backdrop of limited prayer made by the learned counsel for the petitioner as well as the submission made by the learned standing counsel, this court is of the view that this writ petition can be disposed of at the motion itself relegating the matter to the Secretary to the Govt. Of Assam, Agriculture Department to consider the representation of the petitioner dated 15.02.2023 and pass a speaking order thereon. Such exercise be carried out within a period of eight weeks from the date of receipt of certified copy of the order. It is needless to say that this court has not issued any direction for promotion of the petitioner to the next higher grade, but for consideration of his case along with similarly situated persons. 6. With the aforesaid observation, the writ petition stands disposed of. JUDGE Comparing Assistant