Page No.# 1/6 GAHC010064852025 2025:GAU-AS:7991 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1952/2025 DARPAN GOSWAMI AND 7 ORS S/O- SAMARENDRA DEB GOSWAMI, R/O- NAMGHAR PATH ,SANKARPUR, BIRUBARI, GUWAHATI-781016. 2: PIANKA DOLEY D/O- LATE APURBA BIKASH DOLEY R/O- FLAT NO. 31 1ST FLOOR ASHIANA APARTMENT CHINAKI PATH ZOO NARENGI ROAD GHY-781024. 3: JOHN CHANDA S/O- LATE JAHAR CHANDA R/O- HOUSE NO. 9 KAHILIPARA COLONY BAZAR P.O. VINOBANAGAR GUWAHATI-781018. 4: PRANJAL BARMAN S/O- JITENDRA NATH BARMAN R/O- HOUSE NO. 21 SANKARDEV PATH RUPNAGAR GUWAHATI-781032. 5: SAURAV KR. DAS S/O- DHARMAKANTA DAS R/O- HOUSE NO. 1 SRI HARI PATH NIJARAPAR AMBARI FATASIL GUWAHATI-781025. Page No.# 2/6 6: NABAJYOTI PACHANI S/O- JADAB PACHANI R/O- BALI CHAPARI GAON P.O. BAHANA JORHAT EAST-785101. 7: ANKUR BORDOLOI S/O- SURESH CH. BORDOLOI R/O- NEAR HOTEL EARL GREY TARAJAN KATAKI PUKHURI NOWSOLIA GAON JORHAT ASSAM-785006. 8: RITUPARNA KALITA S/O- LATE KAMAL KALITA R/O- ATILA GAON JORHAT EAST JORHAT-785001 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI- 06. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI-06. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM LABOUR WELFARE DEPARTMENT DISPUR GUWAHATI-06. 4:THE LABOUR COMMISSIONER ASSAM OFFICE OF THE LABOUR COMMISSIONER SHRAM BHAWAN ULUBARI GUWAHATI-7 Advocate for the Petitioner : MR. R SHARMA, MS P PHUKAN Advocate for the Respondent : GA, ASSAM, Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16.06.2025 Heard Mr. R. Sharma, learned Senior Counsel, assisted by Ms. P. Phukan, learned counsel appearing for the petitioners. Also heard Ms. U. Sarma, learned Government Advocate, appearing for the respondents. 2. The petitioners, herein, by way of instituting the present proceeding, have prayed for issuing a direction upon the respondent authorities to consider their cases for promotion to the post of Labour Inspector in accordance with the provisions of the Assam Labour Service Rule, 1970 (hereinafter referred to as "Rules of 1970"). 3. The petitioners, herein, were initially appointed as Ministerial Labour Commissionerate and District Level Offices subordinate to it. The petitioners, have, in the meantime, completed more than 10 years of service in such capacity and, accordingly, they contend that they are eligible for being considered for promotion to the post of Labour Inspector. 4. The manner and method to be followed for promotion of the Ministerial staff of the establishment of Labour Commissioner and its subordinate offices to the cadre of Labour Inspector, is laid down in the provisions of Rule 6 of the said Rules of 1970. Sub-Rule(6) of Rule 6 of the Rules of 1970, being relevant, is extracted herein-below: “(a) Thirty-five percent of the post to be filled up at a time in the cadre shall be made by promotion in accordance with Rule 7 at the ratio of 50:50 from amongst the cadre of Ministerial Government servant of the Labour Commissioner's establishment and other Ministerial subordinate staff of the subordinate offices under the Labour Commissioner, Assam, on separate gradation list who have rendered 10 (ten) years of service and who have not crossed 45 (forty-five) years of age on the date first day of January in the year in which the promotion is considered.” Page No.# 4/6 5. A perusal of the provisions of Sub-Rule (6) of the Rules of 1970, reveals that 35% of the posts in the cadre of Labour Inspector is to be filled up by way of promotion in accordance with Rule 7, by maintaining 50:50 ratio from amongst the Ministerial staff in the establishment of Labour Commissioner and other Ministerial staff in the subordinate offices under the Labour Commissioner, Assam, who have rendered 10 years of service and have not crossed 45 years of age as on the 1st day of January of the year, in which, such promotion is considered. 6. 6. The petitioners, herein, contend that they have already had completed 10 years of service and had not crossed the upper age limit of 45 years and, accordingly, they were eligible to be so considered. However, their cases were not considered for promotion and the respondent authorities have not convened any Departmental Promotion Committee(DPC) in the matter. 7. Mr. Sharma, learned senior counsel, appearing on behalf of the petitioners, has reiterated the above facts and has submitted that non-consideration of the cases of the petitioners for promotion to the post of Labour Inspector has the effect of violating the petitioners' fundamental rights and, accordingly, a direction be issued upon the respondent authorities to convene a Departmental Promotion Committee(DPC) for considering the cases of the petitioners, herein, in terms of the provisions available in this connection in the Rules of 1970. 8. Ms. Sarma, learned Government Advocate, appearing for the respondents, has submitted that the petitioners, herein, although eligible for consideration for promotion to the cadre of Labour Inspector, their cases were not considered on account of the fact that persons working in the Ministerial Cadre in the establishment of the Labour Commissioner as well as in the subordinate offices under the Labour Commissioner, Assam, had approached this Court by way of instituting writ petitions praying for direction upon the respondent authorities for Page No.# 5/6 relaxation of the upper age limit of 45 years, inasmuch as, they all had already crossed the upper age limit of 45 years. The said writ petitions were disposed of by this Court granting liberty to the petitioners to submit representation before the respondent authority concerned. Ms. Sarma, learned Government Advocate, further submits that the representations filed by the employees are being considered by the respondent authorities, due to which a delay has occasioned in considering the cases of the petitioners, herein. 9. From the materials brought on record and the submission of the learned counsels appearing for the parties, it not being disputed that the petitioners, herein, fulfill the eligibility criteria as mandated under the provisions of Rule 6 for being considered for promotion to the cadre of Labour Inspector; this Court is of the considered opinion that non-consideration of the cases of the petitioners has the effect of violating the fundamental rights of the petitioners and, accordingly, this position cannot be permitted to be continued. 10. 10. In view of the above, the respondent authorities, more particularly, the respondent Nos. 3 & 4, herein, are directed to convene a Departmental Promotion Committee(DPC) meeting for consideration of the cases of the eligible incumbents in the feeder cadre including the petitioners, for promotion to the post of Labour Inspector and, on such consideration being made strictly in accordance with the provisions of the Rules of 1970, to publish select list for effecting such promotion. In the event, the petitioners are recommended by the Departmental Promotion Committee(DPC) for promotion, the petitioners, herein, be promoted to the cadre of Labour Inspector. 11. Such exercise now required to be carried out by the respondent authorities, shall be so initiated and concluded within a period of 30(thirty) days from the date of receipt of a certified copy of this order. Page No.# 6/6 12. The petitioners, herein, are directed to submit a certified copy of this order, along with a representation before the respondents No. 3 & 4, for facilitating compliance of the directions passed hereinabove. 13. The writ petition, accordingly, stands disposed of in terms of the above observations and directions. JUDGE Comparing Assistant