Page No.# 1/6 GAHC010129482025 2026:GAU-AS:1145 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3463/2025 DIPANKAR DEB S/O- LATE RAI MOHAN DEB, R/O- GOKUL HOMES BLOCK C-101, BARSHAPARA, P.S. FATASIL AMBARI, P.O. BINOVANAGAR, DIST. KAMRUP METRO, ASSAM, PIN- 781018. VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE SPECIAL CHIEF SECRETARY, ENVIRONMENT AND FOREST DEPARTMENT, GOVERNMENT OF ASSAM, ARANYA BHAWAN, PANJABARI, GUWAHATI, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI DIST. KAMRUP METRO ASSAM 3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM ENVIRONMENT AND FOREST DEPARTMENT GOVERNMENT OF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI DIST. KAMRUP(M) ASSAM 4:THE CHIEF CONSERVATOR OF FOREST DEPARTMENT ENVIRONMENT AND FOREST DEPARTMENT GOVERNMENT OF ASSAM Page No.# 2/6 ARANYA BHAWAN PANJABARI GUWAHATI ASSAM 5:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM 6:DEBAJYOTI NATH DIVISIONAL FOREST OFFICER NAGAON SOUTH DIVISION ASSAM 7:SALIM AHMED DEPUTY CONSERVATOR OF FOREST DEPARTMENT OF ENVIRONMENT AND FOREST ASSAM 8:JAYANTA KUMAR NATH DEPARTMENT OF ENVIRONMENT AND FOREST ASSAM 9:BIBISON TOKBI DEPARTMENT OF ENVIRONMENT AND FOREST ASSAM 10:DHANI RAM RONGPI DEPARTMENT OF ENVIRONMENT AND FOREST ASSA Advocate for the Petitioner : MR. R MAZUMDAR, MS M ZOMUANPUII,MRS J M KONWAR,MR J SINGH,MR H AGARWAL,MR. B D KONWAR SR. ADV.,MR. R BORA,MS T WAPANGLA,MS R MEDHI Advocate for the Respondent : SC, FOREST, MR ARINDAM BARUAH (R-10,6,9,8,7) BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 29/01/2026 Heard Ms. J M Konwar, learned counsel for the petitioner. Also heard Mr. D Gogoi, learned Standing counsel, Environment and Forest Department appearing for the respondent Page No.# 3/6 Nos. 1 to 5 and Mr. A Baruah, learned counsel for the respondent Nos. 6 to 10. 2. The petitioner by way of instituting the present writ petition has raised a grievance with regard to non-consideration of his case for promotion to the rank of Deputy Conservator of Forest for reasons which were not disclosed at the relevant point of time. 3. The petitioner, herein, was promoted to the rank of Assistant Conservator of Forest by a Notification dated 20.12.2022. The petitioner, thereafter, continued to serve in such capacity and as projected in the writ petition, no departmental proceeding was instituted against the petitioner, while he was serving as Assistant Conservator of Forest, nor any criminal proceeding was so instituted and/or pending against him. The respondent authorities proceeded to convene a meeting of the Departmental Selection Committee for consideration of the incumbents in the cadre of Assistant Conservator of Forest for promotion to the cadre of Deputy Conservator of Forest. The Departmental Promotion Committee upon considering the cases of the eligible incumbents in the cadre of Assistant Conservator of Forest, proceeded to make its recommendation and the respondent authorities implemented the said recommendation vide issuance of a Notification dated 22.02.2024, promoting the recommended Assistant Conservator of Forest to the cadre of Deputy Conservator of Forest. The name of the petitioner did not find mention in the said order of promotion, while persons junior to him in the cadre of Assistant Conservator of Forest came to be so promoted. The petitioner upon issuance of the said Notification dated 22.02.2024 enquired with the respondent authorities the reason as to why he was not promoted to the post of Deputy Conservator of Forest and the petitioner was given to understand that he having not submitted his Annual Property Return for the year 2022 on or before 25.10.2023, he was held to be ineligible for being considered for promotion to the rank of Deputy Conservator of Forest. Being aggrieved, the petitioner has instituted the present proceeding. 4. Ms. J M Konwar, learned counsel for the petitioner, after reiterating the said facts, Page No.# 4/6 noticed hereinabove, has submitted that on coming to learn that his case for promotion to the rank of Deputy Conservator of Forest was not considered on account of non-submission of the Annual Property Return for the year 2022 on or before 25.10.2023, the petitioner by collecting a format of the said Annual Property Report from one of his colleagues, had submitted the same duly filled up on 14.11.2023. However, the respondent authorities even, thereafter, had not proceeded to convene a review meeting of the Departmental Promotion Committee for considering the case of the petitioner for promotion to the rank of Deputy Conservator of Forest. Ms. Konwar, learned counsel for the petitioner has further referred to a communication dated 07.08.2025 issued by the Divisional Forest Officer, Nagaon Division, Nagaon, wherein, it has been clarified that the petitioner inadvertently was not served with the communication issued by the authorities for submission of Annual Property Return for being placed before the Departmental Promotion Committee for promotion to the cadre of Deputy Conservator of Forest. In the above premises, Ms. Konwar, learned counsel for the petitioner submits that the case of the petitioner was not considered for promotion to the cadre of Deputy Conservator of Forest for no fault of his and accordingly, a direction is required to be issued to the respondent authorities for convening a review Departmental Promotion Committee meeting for consideration of the case of the petitioner for promotion to the rank of Deputy Conservator of Forest, with effect from the date, his juniors were so considered and subsequently, promoted. 5. Mr. 5. Mr. D Gogoi, learned Standing counsel, Environment and Forest Department appearing for the State respondents submits that the materials brought on record revealed that the petitioner was denied for a consideration by the Departmental Promotion Committee for promotion to the rank of Deputy Conservator of Forest only on the ground that he had not submitted his Annual Property Return for the year 2022. He fairly submits that the communication dated 07.08.2025, issued by the Divisional Forest Officer, Nagaon Division, Nagaon, reveals that the Annual Property Return could not be submitted by the petitioner only on the ground that the communication issued in this connection by the authorities were Page No.# 5/6 not brought to his notice and/or served upon him. Accordingly, he submits that this Court may direct the respondent authorities to consider the case of the petitioner by way of convening a review Departmental Promotion Committee meeting. 6. Mr. A Baruah, learned counsel for the respondent Nos. 6 to 10 has adopted the arguments advanced by Mr. D Gogoi, learned Standing counsel, Environment and Forest Department. 7. I have heard the learned counsels for the parties and also perused the materials available on record. 8. The facts, noticed hereinabove, are not in dispute. 9. The petitioner was eligible for being considered for promotion to the rank of Deputy Conservator of Forest. It is seen from the materials brought on record, that persons junior to the petitioner were considered for the said promotion by the Departmental Promotion Committee, however, the case of the petitioner was not so considered by the Departmental Promotion Committee on the ground that he had not submitted his Annual Property Return for the year 2022 on or before the dates specified by the respondent authorities in this connection. 10. It being apparent from the materials brought on record that the communication issued by the respondent authorities requiring the incumbents in the zone of consideration in the cadre of Assistant Conservator of Forest to submit their respective Annual Property Returns was admittedly not brought to the notice of the petitioner and/or a copy thereof, was not served upon the petitioner, which had prevented the petitioner from submitting his Annual Property Return at the due time. 11. It is a settled position of law that fair consideration for promotion is a fundamental right of the employee concerned and non-consideration of his case for promotion will result in violation of such fundamental right conferred upon the employee. Accordingly, the materials brought on record having revealed that the petitioner, although, was eligible for having his case considered for promotion to the rank of Deputy Conservator of Forest, for no fault of his, Page No.# 6/6 he was denied a fair consideration of his case for promotion by the Departmental Promotion Committee and accordingly, the said situation would now require to be remedied. 12. It is submitted at the bar that the Departmental Promotion Committee had considered the cases of eligible Assistant Conservator of Forest for promotion to the cadre of Deputy Conservator of Forest in its meeting held on 14.11.2023. 13. Accordingly, in view of the above conclusions reached by this Court and the case of the petitioner now being required to be considered for such promotion, the respondent authorities are directed to convene a review meeting of the Departmental Promotion Committee and therein, place the case of the petitioner for such consideration. 14. In the event the Review Departmental Promotion Committee on consideration of the case of the petitioner finds the petitioner suitable for promotion to the rank of Deputy Conservator of Forest, the respondent authorities shall pass appropriate orders, promoting the petitioner to the rank of Deputy Conservator of Forest, w.e.f. 22.02.2024 along with all consequential benefits of pay, seniority etc. 15. The said exercise would now be initialed and completed by the respondent authorities within a period of 3 (three) months from the date of receipt of a certified copy of this order. 16. With the above observation and direction, the present writ petition stands disposed of. JUDGE Comparing Assistant