Page No.# 1/7 GAHC010035072024 2025:GAU-AS:8180 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1160/2024 GIRINDRA MISRA SON OF LATE R N MISRA, R/O- NO. 2, MATHGHARIA, P.O. NOONMATI, SHANTI NAGAR, GUWAHATI- 781020, DISTRICT- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 ASSAM 4:THE SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT DISPUR GUWAHATI- 781006 5:THE UNDER SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT DISPUR GUWAHATI- 781006 Page No.# 2/7 6:THE JOINT SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT GUWAHATI- 781006 ASSAM 7:THE DIRECTOR ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT ASSAM CHENIKUTHI GUWAHATI-3 8:THE VETERINARY INFORMATION OFFICER ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT ASSAM CHENIKUTHI GUWAHATI- Advocate for the Petitioner : MS.SHOMA DASGUPTA, MS SUPRIYA DASGUPTA Advocate for the Respondent : SC, FINANCE DEPTT., SC, A.H and V. DEPT. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 18.06.2025 Heard Ms. S. Dasgupta, learned counsel for the petitioner. Also heard Mr. M. M. Kataki, learned Standing Counsel, Animal Husbandry and Veterinary Department representing the respondents. 2. The petitioner, by instituting the present proceeding has raised a grievance with regard to non-consideration of the case of the petitioner for promotion/up- gradation to the vacant post of Exhibition Officer from the post of Senior Assistant held by him, at present, by following the past practice available in the matter. 3. As projected in the writ petition, the petitioner, who is a Master Degree holder in Veterinary Science (M.V.Sc.) was appointed against a post of Junior Assistant on Page No.# 3/7 25.02.2009. The petitioner, accordingly, joined the establishment of the respondent no. 7 on 26.02.2009. The petitioner was thereafter, promoted to the post of Senior Assistant vide an order dated 01.01.2013, issued by the respondent no. 2. 4. It is also projected in the writ petition that one Ganesh Chandra Saikia, who was working as a Translator (Assamese)-cum-In-charge Exhibition Officer in the establishment had retired from his services on reaching the age of superannuation w.e.f., 31.05.2016. The petitioner was thereafter, allowed to take over the charge of the Exhibition Officer in terms of an order passed by the respondent no. 2 on 30.05.2016. The petitioner, thereafter, approached the respondent no. 2 with a prayer for regularization of his services against the post of Exhibition Officer. Accordingly, the respondent no. 2, vide a communication dated 24.03.2017, forwarded the application of the petitioner to the Commissioner & Secretary, Government of Assam, Animal Husbandry & Veterinary Department and therein highlighted that the post of Exhibition Officer was lying vacant in the Directorate since 2006. It was further projected that due to non-filling of the said post on regular basis after superannuation of the incumbent therein, the Directorate was facing lots of difficulty in executing extension activities relating to livestock. Accordingly, in the said forwarding a proposal was mooted to fill-up the post of Exhibition Officer through regularization of the services of the petitioner against the same, inasmuch as, he had sufficient qualification and have also gained experience in the field. A justification note, for the purpose, was also enclosed to the said communication dated 24.03.2017. The matter thereafter, not being taken to its logical conclusion, although, processing therein was so made at different levels of the department, the petitioner has instituted the present proceeding. 5. Ms. Dasgupta, learned counsel for the petitioner has submitted that there is no rule governing the manner of recruitment to the post of Exhibition Officer and accordingly, the respondent no. 2 was justified in proposing the name of the Page No.# 4/7 petitioner for being promoted to the post of Exhibition Officer by following the past practice available in the matter. The learned counsel has submitted that one Porag Bora, who was holding the post of Translator (Assamese) in the establishment of the Directorate, was accommodated against the post of Exhibition Officer and after his retirement, in the year 2006, the said post has not been filled up on regular basis. Ms. Dasgupta, learned counsel has submitted that the petitioner being a Master’s Degree holder in Veterinary Science had the expertise for discharge the duties attached to the post of Exhibition Officer. Accordingly, she submits that a direction be issued to the respondent authorities for promotion/up-gradation of the petitioner against the post of Exhibition Officer. 6. Ms. M. M. Kataki, learned counsel representing the respondents, by relying on the affidavit filed by the respondent no. 2 has submitted that the contention of the petitioner that one Porag Bora was up-graded/promoted to the post of Exhibition Officer, is an admitted fact and it is further admitted that the respondent no. 2 had also submitted a proposal for filling up the post of Exhibition Officer by up- grading/promoting the petitioner herein. Ms. Kataki has also further highlighted that the matter being placed before the Personnel (B) Department, no views came to be furnished, on the ground that no service rules/order was framed to govern the manner of recruitment to the post of Exhibition Officer. It was further highlighted that the Personnel Department had requested the respondent no. 2 to take necessary action in the matter. The learned counsel further submits that as the post of Exhibition Officer figures in Grade-II (Gazetted post), the APSC may be required to take necessary steps for recruitment against the said post. 7. I have heard the learned counsel appearing for the parties and also perused the materials available on record. 8. The petitioner, admittedly, is presently holding the charge of the post of Exhibition Officer on the incumbent holding the charge thereof, proceeding on Page No.# 5/7 retirement on reaching the age of superannuation. The precedent available in the matter with regard to filling up of the post of Exhibition Officer is the up-gradation of the services of one Porag Bora, who was a Translator (Assamese) in the establishment of the respondent no. 2 against the said post. The representations submitted by the petitioner herein, was positively responded to by the respondent no. 2 and he had placed the matter before the Government in the Animal Husbandry & Veterinary Department for approval. 9. A perusal of the contentions raised in the communication dated 24.03.2017 as well as in the justification note appended thereto would go to reveal that the petitioner herein, had the expertise to discharge the duties attached to the post of Exhibition Officer. Further, in the affidavit-in-opposition filed in the present proceeding by the respondent no. 2, the contentions raised would go to reveal that the petitioner was eligible for being up-graded/promoted against the vacant post of Exhibition Officer and accordingly, it was contended that he is entitled to be so up-graded/promoted. 10. Given the categorical stand of the competent authority i.e., the respondent no. 2 in the communication dated 24.03.2017, the justification note appended thereto and in the affidavit filed in the present proceeding by the respondent no. 2, it is laid to rest that the petitioner herein, is entitled to have his case considered for a regular appointment against the post of Exhibition Officer either by way of up-gradation of his services and/or by way of promotion following the past precedent available in the case i.e. the up-gradation/promotion of Porag Bora. 11. It is a settled position of law that in absence of any service rule/order governing the recruitment to a post, the past practice followed in the matter of recruitment to the post concerned, can be adopted for subsequent recruitment to the said post. 12. In view of the said categorical assertions made in the matter in favour of the Page No.# 6/7 petitioner by the respondent no. 2, this Court is of the considered view that the case of the petitioner for up-gradation/promotion against the post of Exhibition Officer would mandate a consideration by the Government in the Animal Husbandry & Veterinary Department, moreso, when the post involved is a Gazetted post. Accordingly, the petitioner is directed to submit a detail representation along with a certified copy of this order, staking a claim for being up-graded/promoted to the post of Exhibition Officer lying vacant in the establishment of the respondent no. 2. 13. The said representation shall be so submitted by the petitioner before the respondent no. 2. The respondent no. 2, on receipt of the said representation shall forward the same to the Commissioner and Secretary to the Government of Assam, Animal Husbandry & Veterinary Department along with a fresh justification note. The respondent no. 2 while forwarding the representation of the petitioner shall also note the stand taken by him in the present proceeding. 14. The Commissioner and Secretary and/or any other competent authority of the Government of Assam in the Animal Husbandry & Veterinary Department, on receipt of the representation from the petitioner along with the recommendation thereon by the Director, Animal Husbandry & Veterinary Department, shall consider the same in the light of the past practice already available in the Department in the matter and pass a speaking order; within a period of 1(one) month from the date of receipt of such representation submitted by the petitioner, from the respondent no. 2. 15. In the event, the petitioner is found suitable for such promotion, consequential order as would be mandated in the matter be so issued by the competent authority in the Department of Animal Husbandry & Veterinary Sciences within a period of one month from the date of passing of the speaking order. 16. With the above observations and directions, the present writ petition stands Page No.# 7/7 disposed of. JUDGE Comparing Assistant