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Judgment
Heard Mr. P. Mahanta, learned counsel for the petitioner and Mr. K. Gogoi, learned CGC appearing for the respondents.
The petitioners are working as overseer in the establishment of Border Road Organization. The post of survey/ draughts man was merged with the
post of overseer in the year 1996. Thereafter, the petitioners claimed to have acquired diploma in civil engineering in the year 2012 and 2015
respectively. Accordingly, they claim to be eligible for being promoted and re-designated to the post of Junior Engineer (Civil) in terms of Border Road
Development Board’s letter dated 13.05.2010 and 26.08.2010. The petitioners claim that the respondents have not yet done the needful. It is also
projected that similarly situated persons had approached this Court and this Court by order dated 19.0302015 in WP(C) 3008/2014 had granted them
certain relief. However, the respondent authorities have rejected the claim of the petitioner on the ground of not being a part of the previous writ
petition. Accordingly, the aggrieved petitioners have filed this writ petition filed under Article 226 of the Constitution of India.
The learned CGC has raised the preliminary issue of the maintainability of this writ petition. It is submitted that the issue of lack of territorial
jurisdiction is being raised in respect of petitioner nos. 2, 3 and 4. The learned CGC seeks some time to file response to the averments made in this
writ petition.
In view of issue raised in the present writ petition, let a notice returnable on 02.08.2021 be issued.
As the learned CGC accepts notice on behalf of all the respondents, requisite extra copies of the writ petition with all enclosures may be provided to
him within 2 days.
The preliminary issue raised by the learned CGC in respect of lack of territorial jurisdiction in respect of petitioner nos. 2, 3 and 4 shall be taken up for
consideration on the next date.
List on 02.08.2021.