Page No.# 1/11 GAHC010072112021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2813/2021 MADHURJYA BORGOHAIN AND 5 ORS S/O SRI BHUGESWAR BORGOHAIN, R/O NAZIRA BOARDING ROAD, WARD NO. 2, P.O. AND P.S. NAZIRA, IN THE DIST. OF SIVASAGAR, ASSAM, PIN 785685 3: JIBONJYOTI HAZARIKA S/O SRI BHUPEN HAZARIKA R/O BOARDING ROAD WARD NO. 2 NAZIRA TOWN P.O. AND P.S. NAZIRA IN THE DIST. OF SIVASAGAR ASSAM PIN 785685 4: APURBA JYOTI MECH S/O SRI DULU MECH R/O NAZIRA TOWN WARD NO. 2 P.O. AND P.S. NAZIRA IN THE DIST. OF SIVASAGAR ASSAM PIN 785685 6: MRINAL ANKUR CHANGMAI S/O ROBIN CHANGMAI R/O HOUSE NO. 453 MELACHAKAR MILAN NAGAR NEAR HORIZON COLONY SIVASAGAR P.O. AND P.S. SIVASAGAR Page No.# 2/11 IN THE DIST. OF SIVASAGAR ASSAM PIN 785640 8: ACHARYA KONWAR S/O BHUPEN KONWAR R/O VILL. SIMALUGURI P.O. AND P.S. SIMALUGURI IN THE DIST. OF SIVASAGAR ASSAM PIN 785686 9: RUPAM KUMAR BORAH S/O GOLAP CH. BORAH R/O OLD AMULAPATTY KRISHNA NAGAR P.O. AND P.S. SIVASAGAR IN THE DIST. OF SIVASAGAR ASSAM PIN 78564 VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE MINISTRY OF PETROLEUM AND CHEMICAL, GOVT. OF INDIA, NEW DELHI, PIN 110001 2:OIL AND NATURAL GAS CORPORATION LTD. A STATUTORY BODY HAVING ITS HEAD OFFICE AT DEHRADUN UTHARAKHAND 3:THE EXECUTIVE DIRECTOR CHIEF HRD OIL AND NATURAL GAS CORPORATION LTD. GREEN BUILDING TEL BHAVAN DEHRADUN UTTARAKHND. 4:CHAIRMAN CUM MANAGING DIRECTOR OIL AND NATURAL GAS CORPORATION LTD. JIBON BHARATI TOWR NEW DELHI PIN 110001 5:DIRECTOR HR. OIL AND NATURAL GAS CORPORATION LTD. JIBON BHARATI TOWER NEW DELHI Page No.# 3/11 PIN 110001 6:THE EXECUTIVE DIRECTOR OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS EASTERN REGION NAZIRA DIST. SIVASAGAR ASSAM PIN 785685 7:THE GENERAL MANAGER (HR) R AND P REGIONAL R AND P SECTION OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS NAZIRA DIST. SIVASAGAR ASSAM PIN 785685 8:THE DEPUTY MANAGER (HR) R AND P REGIONAL R.P. SECTION OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS NAZIRA DIST. SIVASAGAR ASSAM PIN 78568 Advocate for the Petitioner : MR. P J SAIKIA, MR. J HATIMURIA,MR. M KALITA Advocate for the Respondent : ASSTT.S.G.I., MR. B K DAS (R-2-8),SC, ONGC Linked Case : WP(C)/754/2024 LACHIT CHANDRA CHUTIA AND ANR S/O- LATE PRAFULLA CH. CHUTIA R/O- VILLAGE TARAPUR ASSAMESE BASTI Page No.# 4/11 P.O AND P.S- TARAPUR DIST- CACHAR ASSAM PIN-788003 2: HIRESH CHAKRABORTY S/O- LATE HIRENDRA KUMAR CHAKRABORTY R/O- H.NO- 5 RAMONI MOHAN LANE SIBBARI ROAD TARAPUR P.O- TARAPUR P.S- SILCHAR DIST- CACHAR ASSAM PIN-788003 VERSUS THE UNION OF INDIA AND 6 ORS REP. BY THE MINISTRY OF PETROLEUM AND CHEMICAL GOVT. OF INDIA NEW DELHI-01 2:OIL AND NATURAL GAS CORPORATION LTD REPRESENTED BY THE CHAIRMAN CUM MANAGING DIRECTOR OIL AND NATURAL GAS CORPORATION LTD. JEEVAN BHARATI TOWER II 12143 INDIA CHAWK CONNAUGHT PLACE NEW DELHI-01 3:THE EXECUTIVE DIRECTOR CHIEF HRD OIL AND NATURAL GAS CORPORATION LTD. GREEN BUILDING TEL BHAVAN DEHRADUN UTTARAKHAND PIN-248195 4:THE DIRECTOR (HR) THE OIL AND NATURAL GAS CORPORATION LTD. Page No.# 5/11 JEEVAN BHARATI TOWER- II NEW DELHI- 110001. 5:THE EXECUTIVE DIRECTOR OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS EASTERN REGION NAZIRA DIST- SIBSAGAR ASSAM PIN-785685 6:THE GENERAL MANAGER (HR) R AND P REGIONAL R ANDP SECTION. OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS NAZIRA DIST- SIBSAGAR ASSAM PIN-785685 7:THE IN CHARGE HR-ER ONGC CACHAR FORWARD BASE SRIKONA SILCHAR DIST- CACHAR ASSAM PIN-788026 ------------ Advocate for : MR. M KALITA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS Linked Case : WP(C)/3603/2023 JAHNU KONWAR AND ANR S/O- ANANDA KONWAR R/O- PUNJAN PATH NEAR LACHIT COLLEGE SIVASAGAR P.O. P.S. AND DIST. SIVASAGAR ASSAM PIN- 785640. Page No.# 6/11 2: BHOBEN GOGOI S/O- PHULESWAR GOGOI R/O- VILL.- CHEREKAPAR KHELUA GAON P.O. CHEREKAPAR P.S. AND DIST. SIVASAGAR ASSAM PIN- 785701. VERSUS THE UNION OF INDIA AND 9 ORS REPRESENTED BY THE MINISTRY OF PETROLEUM AND CHEMICAL GOVT. OF INDIA NEW DELHI-110001. 2:OIL AND NATURAL GAS CORPORATION LIMITED A STATUTORY BODY HAVING ITS HEAD OFFICE AT DEHRADUN UTHARAKHAND PIN- 248195. 3:THE EXECUTIVE DIRECTOR CHIEF HRD OIL AND NATURAL GAS CORPORATION LIMITED GREEN BUILDING TEL BHAVAN DEHRADUN UTTARAKHAND PIN- 248195. 4:CHAIRMAN-CUM-MANAGING DIRECTOR OIL AND NATURAL GAS CORPORATION LIMITED JIBON BHARATI TOWER NEW DELHI-110001. 5:DIRECTOR HR OIL AND NATURAL GAS CORPORATION LTD. JIBON BHARATI TOWER NEW DELHI-110001. 6:THE EXECUTIVE DIRECTOR OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS EASTERN REGION NAZIRA DIST. SIVASAGAR Page No.# 7/11 ASSAM PIN- 785685. 7:THE GENERAL MANAGER (HR) R AND P REGIONAL R AND P SECTION OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS NAZIRA DIST. SIVASAGAR ASSAM PIN- 785685. 8:THE DEPUTY MANAGER HR) R AND P REGIONAL R AND P SECTION OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS NAZIRA DIST. SIVASAGAR ASSAM PIN- 785685. 9:THE DEPUTY MANAGER (HR) OIL AND NATURAL GAS CORPORATION LTD. ASSAM ASSETS TECHNICAL SERVICES ESTABLISHMENT SIVASAGAR ASSAM PIN- 785640. 10:THE IN-CHARGE HR-ER ONGC AAFB EXPLORATORY ASSET SRIKONA SILCHAR ASSAM PIN- 788026. ------------ Advocate for : MR. M KALITA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 9 ORS Page No.# 8/11 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 21.08.2025 Heard Mr. P.J. Saikia, learned Senior Counsel assisted by Ms. M. Nirola, learned counsel for the petitioner in WP(C) 2813/2021, Mr. J. Hatimuria, learned counsel for the petitioner in WP(C) 3603/2023 & WP(C) 754/2024. Also heard Mr. D. Saikia, learned Senior Counsel assisted by Mr. B.K. Das, learned counsel for the Mr. B. K. Das, learned counsel for the respondent Nos. 2 to 10. The petitioner Nos. 1, 3, 4, 6, 9 in WP(C) No. 2813/2021 are presently working and holding the post as Fireman Grade II (W-III) and the petitioner No. 8 in WP(C) No.2813/2021 is working as Fireman Grade III (W-II). The both petitioners in WP(C) No. 3603/2023 are presently working and holding the post as Fireman Grade II (W-III) and the both petitioners in WP(C) No. 754/2024 are presently working and holding the post as Chief Firemen (W-VII) under the ONGCL, Nazira, Assam. All the petitioners were inducted into the corporation by process of interview as Junior Firemen W-I level and Fireman Grade III. The grievance of the petitioners is that under the Recruitment & Promotion Regulation, 1980 and pursuant to the amendments made they are placed as Class-IV Firemen and there is no promotional avenues from Class-IV to Class-III and upwards. It is the grievance of the petitioners that the other posts which are available and reflected in the Regulation shows sufficient promotional avenues except for the posts of Class-IV to Class-III Firemen. Beyond the Chief Fireman which is W-VII there is no promotional avenues to the next higher post. Page No.# 9/11 It is the submission of the learned counsel for the petitioners that earlier prior to the Amendment of 1980 Regulation there was sufficient promotional avenues but these have been modified or amended and the Regulation of 1980 has been brought into service and no promotional avenues have been provided. The learned Senior Counsel for the petitioners submits that the right to be considered for promotion has been recognized as a fundamental right. Therefore, the authority being a Public Sector Undertaking is duty bound in law to provide sufficient avenues for promotion, so as to ensure that the petitioners and other similarly situated persons are duly considered for promotion to the next High post. The learned Senior Counsel for the petitioners submits that the exclusion of the petitioners from the purview of being granted promotional avenues it does not have any legal basis. During the course of the argument the learned Senior Counsel for the petitioners submits that at present although the initial prayers in the writ petitions were for a direction to the respondent authority, namely the ONGC for modifying or amending the existing promotion policy, granting promotion to the Class-IV Fireman employee to Class-III Fireman employee or higher classes. However, at present he submits that his prayer is limited to issue a direction to the respondent authorities to expeditiously consider and disposed of the representation dated 01.05.2018 preferred by the petitioners which has remained pending. The learned Senior Counsel for the petitioner submits that this representation although preferred in 2018, no communication to that regard or any orders passed on the representation made by the writ petitioners have been Page No.# 10/11 forwarded to the petitioners. It is submitted that the respondent No.6 namely The Executive Director, Oil & Natural Gas Corporation Ltd., Assets, Eastern Region, Nazira has forwarded the representation to respondent No.3 namely the Executive Director – Chief HRD, ONGC, Dehradun. Thereafter, no further communication has been received. Mr. D. Saikia, learned Senior Counsel for the respondents although raised the objection with regard to maintainability of the writ petitions on the ground that the issues raised are strictly barred under the Industrial Disputes Act, 1947 and on the judgments which he proposes to press into service, however, in view of the limited prayer of the petitioners that the representation preferred by the petitioners should be disposed of, he does not raise any objection to that limited prayer only. Since the primary issue with regard to issuance of directions to the respondent authority for modification of the policy is not being urged before the Court at present and no orders to that effect will be required to be passed by the Court he submits that the question of maintainability will be raised before the appropriate authority as if and when the petitioners approaches this Court in response to the prayers made originally in the writ petitions. Having heard the learned counsel for the parties and upon the careful perusal of the regulations, considering the limited prayer made by the petitioners that their representation dated 01.05.2018 has remained pending and for which the respondents have no instructions as on date. This Court disposes of the writ petitions directing the respondent No.3 to expeditiously consider the same and pass appropriate orders disposing of the representation within a period of 30 days from the date of receipt of certified copy of this order. Page No.# 11/11 If in the meantime the respondent No. 3 had already passed any order, the same shall be served on the writ petitioners. With the above observations without expressing any opinion on the merits of the case, the writ petitions stand closed and disposed of. Interim order, if any, stands vacated. The certified copy of the order is permitted to be served on the respondent No.6 who will be forwarded to the authority before whom the representation is pending, namely respondent No.3. The petitioners are also permitted to serve a certified copy of this order before respondent No.3 if they choose to. JUDGE Comparing Assistant