HIRANYA KUMAR SARMA S/O LT DEBENDRA CH SARMA Vs. STATE OF ASSAM AND ORS
LAWS(GAU)-2018-2-196
HIGH COURT OF GAUHATI
Decided on February 01,2018

Hiranya Kumar Sarma S/O Lt Debendra Ch Sarma Appellant
VERSUS
STATE OF ASSAM AND ORS Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard Ms. A. Devi, the learned counsel appearing for the petitioner. The State Authorities are represented by Mr. M.R. Adhikari, the learned Govt. Advocate. Mr. C. Baruah, the learned counsel appears for the Assam Public Service Commission (respondent No.3). There is no representation from the two private respondents, who have already superannuated.
(2.) This case was filed to claim seniority in the cadre of Additional Director above the private respondent Nos.7 & 8 and also for retrospective effect to the promotion to the cadre of General Manager. At the outset, the learned counsel for the petitioner Ms. A. Devi submits that there is no subsisting grievance at present, pertaining to seniority claim, as the concerned private respondents have already retired from service. She however contends that the promotion for the petitioner to the cadre of General Manager, should be retrospectively granted because the process for promotion was started in 2000.
(3.) The promotion process was initiated on 12.6.2000 but it did not fructify on account of litigation and other factors and the petitioner could eventually be promoted only on 9.8.2005 (Annexure-25), to the cadre of General Manager, in the Industries & Commerce Department. Accordingly, it is contended that the petitioner's promotion should be given retrospective effect from 4.11.2000, when the DPC was scheduled to consider the regular promotion.;


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