Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 2 Ors on 1 April, 2021
Page No.# 1/7
GAHC010048312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1713/2021
PRANAB BARKAKATI AND 21 ORS.
S/O LATE RAMONI RANJAN BARKAKOTI, R/O VILL. BRINDALEAN HATI,
BARPETA, ASSAM 781314
2: ALAKESH DAS
S/O LATE LOCHEN CH. DAS
R/O VILL. GOLIA HATA
BARPETA
ASSAM 781313
3: BILLAL HUSSAIN
S/O LATE PANJUM ALI
R/O VILL. DHAKUA
BARPETA
ASSAM 781309
4: DIPAK KR. SARKAR
S/O LATE DEBENDRA NATH SARKAR
R/O SALEKURA
JANIA
BARPETA
ASSAM 781314
5: GUNINDRA NATH DAS
S/O LATE GUNGU DHAR DAS
R/O VILL. BILORTARI HATI
BARPETA
ASSAM 781301
6: MD. ROKIBUL HOQUE
Page No.# 2/7
S/O MD. ISAB ALI
R/O VILL. JOSAHATI PARA
HOWLY
ASSAM 781316
7: JURUN CH. DAS
S/O LATE RAJEN DAS
R/O VILL. GANDHI NAGAR
BARPETA
ASSAM 781315
8: SORBESWAR KALITA
S/O LATE MATHURA MOHAN KALITA
R/O VILL. KALIJHAR
BARBALA
BARPETA
ASSAM 781316
9: DWIJEN DAS
S/O SRI LATE NABIN DAS
R/O VILL. MOIRAMARA
HOWLY
BARPETA
ASSAM 781316
10: AJIT DAS
S/O LATE ANANTA DAS
R/O VILL. BORNIBARI
MOUTUPRI
BARPETA
ASSAM 781316
11: TARUN DAS
S/O ALTE ANANTA DAS
R/O KHATALPARA
HOWLY
BARPETA
ASSAM 781316
12: MATAB HUSSAIN
S/O LATE JAHURUL HOQUE
Page No.# 3/7
R/O BHALUKI
SIMLAGURI
BARPETA
ASSAM 781313
13: NABJESH ALI
S/O LATE SAMSHER ALI
R/O VILL. KALIJHAR
BARBALA
ASSAM 781316
14: MAZIDUR RAHMAN
S/O LATE ABDUL BAREQUE
R/O MAZGAON
BARPETA ROAD
BARPETA
ASSAM 781313
15: DINESH CH. MAJUMDAR
S/O LATE MADHAB CH. MAJUMDAR
R/O VILL. SILGURI
SUALKUCHI
KAMRUP
ASSAM 781103
16: DINESH ATHPARIA
S/O RAMA KANTA ATHPARIA
R/O VILL. HAJO
SANTIPUR
KAMRUP
ASSAM 781102
17: MD. ABUL HUSSAIN
R/O VILL. BAMUNBARI
PACHARIA
HAJO
KULHATI
KAMRUP
ASSAM 781104
18: BANGKIM SARMA
S/O LATE PRATAP CH. SARMA
Page No.# 4/7
R/O VILL. GUWAKUCHI
GHOGRAPAR
NALBARI
ASSAM 781369
19: NARAYAN TALUKDAR
S/O LATE PHAGUNA TALUKDAR
R/O VILL. CHURCHURI
BARNARDDI
BALSOR
NALBARI
ASSAM 781303
20: PARESH TALUKDAR
S/O LATE KALICHARAN TALUKDAR
R/O VILL. CHURCHURI
BARNARDDI
BELSOR
NALBARI
ASSAM 781303
21: CHAKRA DHAR MEDHI
S/O LATE PHANIDHAR MEDHI
R/O VILL. SANTIPUR
SIRAJULY
DHEKIAJULLY
SONITPUR
ASSAM 784117
22: DACHIA CH. NARJARY
S/O LATE SAMIM NARJARY
P.O. AND P.S. GHOGRAPAR
NALBARI
ASSAM 78136
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, ANIMAL HUSBANDRY AND VETERINARY DEPTT., DISPUR,
GUWAHATI, PIN 781006
2:THE DIRECTOR OF ANIMAL HUSBANDRY AND VETERINARY DEPTT.
Page No.# 5/7
GUWAHATI
PIN 781003
3:THE GAUHATI UNIVERSITY
REPRESENTED BY ITS REGISTRAR
GOPINATH BORDOLOI NAGAR
GUWAHATI 781014
ASSAM
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
01.04.2021
Heard Mr. M.P. Sharma, learned counsel for the petitioners as well as Mr. D. Nath,
learned Additional Senior Government Advocate for the respondent nos.1 and 2 and Mr. P.J.
Phukan, learned Standing counsel for the respondent no.3.
2. By filing this writ petition under Article 226 of the Constitution of India, the
petitioners have referred to the judgment and order dated 19.09.1994 passed by this Court in
CR Case No.1889/1994, whereby direction was issued to constitute a Committee to consider
the claim of the petitioners for their absorption and regularization and therefore, the claiming
the right to be absorbed with regularisation of their service, the petitioners have prayed for
setting aside and quashing the order dated 05.10.2020, rejecting the prayer made by the
petitioners for re-engagement of retrenched workers of Animal Husbandry and Veterinary
Department. The petitioners have also prayed for a direction to the respondents to absorb the
petitioners in 507 vacant Grade IV posts and for providing special consideration to the
experience gained by the petitioners while absorbing them pursuant to advertisement dated
26.02.2021 and in the interim the petitioners have prayed to allow them to participate in the
selection process pursuant to advertisement dated 26.02.2021 by condoning/ relaxation of
their age, qualification and other criteria.
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3. The learned counsel for the petitioners has submitted this writ petition was filed on
08.03.2021 and that the joint application of the petitioner was filed on 11.03.2021, but their
individual applications were submitted on 17.03.2021, as such, those applications could not
be annexed to this writ petition.
4. The learned counsel for the petitioners has produced a copy of the order dated
23.03.2021 passed by this Court in WP(C) 1744/2021, wherein while closing this writ petition
as infructuous, it was recorded that the last date for submission of applications had been
extended upto 05.04.2021.
5. Having regard to the nature of the prayer made the learned counsel for the
petitioners is put to notice to make his further submissions in light of the ratio laid down in
the case of Secretary, State of Karnataka and ors. Vs. Uma Devi (3), (2006) 4 SCC 1, the
Court is inclined to issue a notice of motion returnable on 08.04.2021.
6. Though the joint and individual representations of the petitioners are not on
record, the learned Additional Senior Government Advocate shall try to obtain instructions
about the status of such representations filed by the petitioners before the respondent no.2.
7. In the interim the respondent no.3 is put to notice that in the event, the
respondent no.1 permits the petitioners to participate in the selection process, they would
make suitable arrangements for acceptance of the applications of the petitioners that may
follow the orders which may be passed by the respondent no.1, or pursuant to further orders
that may be passed by the Court on the next date of listing.
8. A copy of the order be provided to the learned Additional Senior Government
Advocate and to the learned Standing counsel for the respondent no.3.
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9. List the matter on 08.04.2021.
JUDGE
Comparing Assistant
