Page No.# 1/6 GAHC010275792025 2026:GAU-AS:7406 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7330/2025 KABITA BARMAN WIFE OF UPENDRA MOHAN DAS,RESIDENT OF HOUSE NO. 4, 1ST BYE LANE,JUGASREE NAGAR, KAHILIPARA, DISTRICTKAMRUPM GUWAHATI- 19. VERSUS THE STATE OF ASSAM and othrs REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, MINES AND MINERALS DEPARTMENT, DISPUR, GUWAHATI- 06. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM MINES AND MINERALS DEPARTMENT DISPUR GUWAHATI- 06. 3:THE DIRECTOR DIRECTORATE OF GEOLOGY AND MINING ASSAM KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : A B T HAQUE, Advocate for the Respondent : GA, ASSAM, Page No.# 2/6 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 25/05/2026 Heard Mr. A B T Haque, learned counsel for the petitioner and Mr. C K S Baruah, learned Government Advocate, appearing for all the respondents. 2. The petitioner in the present writ petition has prayed for a direction upon the respondent authorities to promote her to the post of Assistant Chemist from the post of Laboratory Assistant, presently held by her, in the establishment of the Directorate of Geology and Mining, Assam, in terms of the recommendations of the Departmental Promotion Committee, purportedly held on 09.12.2024. 3. The petitioner in the present writ petition was appointed as a Laboratory Assistant in the Directorate of Geology and Mining, Assam, vide an order dated 31.03.2015. The Director of Geology and Mining, Assam, vide a communication dated 19.11.2024, submitted a proposal before the Government in the Mines and Minerals Department, for recruitment by way of promotion against one post of Assistant Chemist lying vacant, from the cadre of Senior Laboratory Technician as well as the cadre of Laboratory Assistant. 4. It is projected that in pursuance to the said communication, a meeting of the Departmental Promotion Committee was convened on 09.12.2024. The Director, Geology and Mining, Assam, thereafter, vide a communication dated 18.01.2025, intimated the Government in the Mines and Minerals Department that the Departmental Promotion Committee in its meeting, held on 09.12.2024, had recommended the name of the petitioner, who was a Laboratory Assistant for promotion to the cadre of Assistant Chemist. The said recommendation not Page No.# 3/6 being approved and orders not being issued to the petitioner, promoting her as Assistant Chemist, led to the institution of the present writ petition. 5. Mr. Haque, learned counsel for the petitioner has reiterated the facts noticed, hereinabove and has submitted that the respondent authorities having considered the case of the petitioner for promotion to the post of Assistant Chemist and the Departmental Promotion Committee having recommended her name, there exists no reason as to why consequential orders, promoting her to the post of Assistant Chemist, should not be directed to be issued. 6. Mr. Baruah, learned Government Advocate, by referring to the affidavit filed in the matter, has submitted that the post of Laboratory Assistant in terms of the draft Rules holding the field, is not the feeder post for promotion to the cadre of Assistant Chemist. He further submits that the purported recommendation made by the Departmental Promotion Committee in its meeting held on 09.12.2024, was disowned by the respondents in the affidavit and it was highlighted that there is no minutes of any such meeting of the Departmental Promotion Committee, available in the records of the Directorate. 6.1 It is submitted by Mr. Baruah, learned Government Advocate that the communication dated 18.01.2025, issued by the Director, Geology and Mining, Assam, to be one so issued in his individual capacity, inasmuch as, there is no basis for issuance of the said communication available in the records of the Directorate and further, no approval is also seen to have been received with regard to the same from the Government in the Mines and Minerals Department. Mr. Baruah, has further submitted that the promotion of the petitioner in terms of the Rules holding the field would be permissible only to the post of Senior Laboratory Assistant and not to the post of Assistant Chemist. Page No.# 4/6 7. I have heard the learned counsels for the parties and also perused the materials available on record. 8. The service condition of the petitioner is governed by the provisions of the Assam Geology and Mining Service Rules, 1988 (hereinafter, referred to as the Rules of 1988). The said Rules is in the draft stage, however, as contended by the learned counsels for the parties, the same is being reckoned for the purposes of recruitment in the Directorate. 8.1 Rule 3 of the said Rules of 1988 sets out the cadre of the service and the post of Assistant Chemist, Senior Laboratory Assistant, Junior Laboratory Assistant and Laboratory Assistant form distinct posts in the cadre of the service. 8.2 Rule 4(b) of the said Rules of 1988 provides that the posts of Assistant Chemist, Senior Laboratory Technician, Laboratory Assistant shall constitute the same group. 8.3 Rule 5 (b) of the said Rules of 1988 mandates that the post of Assistant Chemist is to be so filled up by way of promotion. The feeder cadres for promotion to the various cadres of the service are provided under the provisions of Rule 17 of the said Rules. 8.4 Rule 17(1)(d) of the Rules of 1988 mandates that the incumbent in the post of Laboratory Assistant would be entitled to be considered for promotion to the Senior Laboratory Technician, while Rule 17(1)(e) mandates that the incumbent in the post of Senior Laboratory Assistant would be eligible for consideration for promotion to the post of Assistant Chemist. Accordingly, for promotion to the post of Assistant Chemist, the feeder post is the post of Senior Page No.# 5/6 Laboratory Technician and not the post of Laboratory Assistant. 9. The projections made in the present writ petition by the petitioner would go to reveal that she was considered for promotion to the post of Assistant Chemist by the duly constituted Departmental Promotion Committee. The said contention was disputed by the departmental authorities by way of filing affidavits as well as placing on record written instructions through Mr. Baruah, learned Government Advocate. 10. Be that as it may, even considering that the petitioner was in fact considered for such promotion by a duly constituted Departmental Promotion Committee, such consideration extended in respect of the petitioner would be of no consequence, inasmuch as, the same is not as per the provisions of the Rules of 1988 holding the field. 11. The Rules of 1988 having mandated that the feeder cadre for promotion to the post of Assistant Chemist would be that of Senior Laboratory Assistant, the petitioner, who is only a Laboratory Assistant would not be entitled to be considered for such promotion to the post of Assistant Chemist. 12. Consideration with regard to promotion in respect of an employee would be permissible to be so extended to the employee strictly in accordance with the Rules holding the field and to the promotional post as identified in the Rules. 13. Accordingly, the petitioner not being in the feeder cadre for promotion to the cadre of Assistant Chemist and nothing having been brought on record with regard to an amendment being made with regard to the provisions existing in this connection in the Rules of 1988, the claim made by the petitioner for a direction upon the respondent authorities to promote her to the post of Page No.# 6/6 Assistant Chemist would not mandate acceptance from this Court. 14. In view of the above discussions, this Court is of the considered view that the petitioner in terms of the provisions of the Rules, 1988, as holding the field, as on date, would not be entitled for a direction for consideration of her case for promotion to the post of Assistant Chemist. 15. Accordingly, the claims made by the petitioner in the present writ petition stand rejected. The present writ petition is held to be devoid of any merit and consequently, the writ petition stands dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant