JYOTI NARAYAN GOGOI Vs. HONBLE GAUHATI HIGH COURT

JUDGEMENT

(1.) Heard Mrs. P. Barman, the learned counsel appearing on behalf of the petitioners. Mr. H. K. Das, the learned Standing Counsel appears on behalf of the respondent Nos.1, 2, 3 & 5. Mr. K. K. Bhattacharyya, the learned counsel appears on behalf of the respondent No.4 and Mr. R. Sarma, the learned counsel appears on behalf of the respondent Nos. 6 & 7. None appears on behalf of the Respondent Nos.8 & 9 inspite of service of notice.

(2.) The instant writ petition has been filed by the petitioners challenging the Gradation List of the years 2017, 2018 and 2019 of the Grade-III staff in the establishment of the respondent No.5; the order dtd. 25/5/2018 issued by the respondent No.5 thereby promoting the respondent Nos.6 and 7 to the post of Upper Division Assistants (UDA); the Appellate order dtd. 11/6/2019 passed by the Gauhati High Court in its administrative side and the letter dtd. 15/6/2019 issued by the Registrar (Vigilance) Gauhati High Court to the respondent No.5 rejecting the Appeal petition dtd. 18/6/2018 filed by the petitioner No.1 and further the promotional orders issued in favour of the respondent Nos.8 and 9 dtd. 17/12/2019. The petitioners herein seek appropriate writ, direction and orders that they should be given notional promotion to the post of Upper Division Assistant (UDA) in the establishment of the respondent No.5 w.e.f. 25/5/2018, when the respondent Nos.6 and 7 were promoted.

(3.) The brief facts leading to the filing of the instant writ petition as would appear from the materials on record is that the Petitioners herein were appointed as Lower Division Assistants/Copyists in the establishment of the respondent No.5 vide an appointment order dtd. 4/3/2014. The petitioners' names appear at Sl. Nos.9, 11 and 13 in the said appointment order dtd. 4/3/2014. Thereupon, the petitioners joined on 6/3/2014 and this aspect of the matter is an admitted fact and it is not denied by the respondents.