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2025 DAILYLAW 8863 (GAU)

DR LOHIT SARDAR AND ORS v. THE STATE OF ASSAM AND ORS

WP(C)/1464/2025 · 2025-03-16

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010049852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1464/2025 DR LOHIT SARDAR AND ORS S/O - HRISHIKESH SARDAR, , R/O - FLAT NO. 2A, SUNRISE POINT, BAGHARBARI, PANJABARI, P.O. - PANJABARI, P.S. - SATGAON, DISTRICT - KAMRUP(M), PIN - 781037, ASSAM, 2: DR. PRAHLAD KUMAR BRAHMA S/O- LATE RUPNATH BRAHMA R/O- JAPORIGOG GANESHGURI P.O- JAPORIGOG P.S- DISPUR DIST- KAMRUP (M) ASSAM PIN-781005 3: DR. AMAR JYOTI SARMA S/O-GOLOKESWAR SARMA R/O- H.NO-7 P.O- KAHILIPARA P.S- DISPUR DIST- KAMRUP (M) ASSAM PIN-78101 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI - 5, ASSAM. Page No.# 2/3 2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI-19 ASSAM 3:B.R.M GOVT. LAW COLLEGE REP. BY ITS PRINCIPAL PANJABARI DIST- KAMRUP (M) GUWAHATI-37 ASSA Advocate for the Petitioner : C SARMA, V KHAKHALARY,MR. P MAHANTA Advocate for the Respondent : SC, HIGHER EDU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 17.03.2025 1. Heard Mr. P. Mahanta, learned counsel for the petitioners, who submits that the petitioners are Assistant Professors, who have been promoted from the Stage-II to Stage-III, i.e. from Assistant Professor Senior Grade to Selection Grade, in terms of the Office Memorandum ECF No.391244/9 dated 08.11.2023. He submits that in terms of the O.M. dated 08.11.2023, promotion is to be made from the date of eligibility of the candidate and not from the date of the promotion order. 2. Mr. P. Mahanta also submits that the date of eligibility of the petitioners for Career Advancement Scheme (CAS) promotion to Stage-III (Assistant Professor Selection Grade) was 25.10.2021, 28.12.2021 and 06.03.2020. However, the petitioners have been given their promotions with effect from the date of the Page No.# 3/3 notification promoting them to Stage-III on 09.12.2024. 3. The petitioners’ counsel submits that the petitioners have submitted a representation dated 17.01.2025 to the Secretary to the Government of Assam, Department of Education (Higher), with regard to their grievance, though the same was furnished only on 14.02.2025. He submits that the writ petition can be disposed of, if a direction is issued to the Secretary to the Government of Assam, Department of Education (Higher) to dispose of the petitioners’ representation by way of a Speaking Order, within a period of 1 (one) month. 4. Mr. D. Upamanyu, learned counsel for all the respondents submits that he has got no objection to the prayer made by the petitioners’ counsel. 5. In view of the consent of the parties, this writ petition is disposed of with a direction to the Secretary to the Government of Assam, Department of Education (Higher), to dispose of the petitioners’ representation dated 17.01.2025, which was received by them on 14.02.2025. The said representation should be disposed of, within a period of one month from the date of receipt of a certified copy of this order, along with copy of the writ petition. JUDGE Comparing Assistant