PURNIMA DEVI AND 7 ORS Vs. STATE OF ASSAM AND 7 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM,
LAWS(GAU)-2018-7-17
HIGH COURT OF GAUHATI
Decided on July 11,2018

Purnima Devi And 7 Ors Appellant
VERSUS
State Of Assam And 7 Ors Represented By Commissioner And Secretary To Govt Of Assam, Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. K.R. Patgiri, the learned counsel for the petitioners as well as Mr. N. Goswami, the learned Government Advocate appearing for all the respondents.
(2.) The case of the petitioners' is that they were initially appointed in the Grade-IV post under the Animal Husbandry and Veterinary Department of the State. They were promoted in the Grade-III posts sometime in the month of September/October, 2016. However vide order dated 05.01.2017 issued by the respondent No. 1, the petitioner were reverted back to Grade-IV posts. Being aggrieved, they have approached this Court by filing this writ petition. Mr. K.R. Patgiri, the learned counsel for the petitioners' by referring to Annexure-F of the writ petition submits that one Mr. Atul Saikia who was reverted back to Grade-IV post from the Grade-III post vide order dated 05.01.2017 has approached this Court by filing WP(C) 1328/2017, the writ petition was disposed of vide order dated 27.02.2018 by observing that the State respondents cannot be faulted with for reverting back the petitioner therein inasmuch as approval and sanction of the State Government prior to such promotion had not been obtained. However, it was observed that at the same time that they were qualified and having the required length of service as service Grade-III as highlighted in the affidavit-in-opposition and therefore, the respondents should consider their case for promotion to Grade-III posts alongwith other eligible candidates within a specific timeframe.
(3.) The submissions made by the rival parties have been considered. It is seen that the case of the present petitioners' is only covered by the Judgment and order dated 27.02.2018 passed in WP(C) 1328/2017 and that by the same office order dated 05.01.2017, the present petitioners' as well as petitioner in WP(C) 1328/2017 were demoted.;


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