Citation : 2021 Latest Caselaw 1354 Gua
Judgement Date : 7 April, 2021
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GAHC010017372021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./20/2021
In WP(C) No. 1198/2020
NAMITA DAS AND ANR.
W/O- LATE BHAGABAN CH. DAS, R/O- VILL.- CHATEMARI, LAWPARA,
MUKALMUA, DIST.- NALBARI, ASSAM.
2: MD. TAHABBUR RAHMAN
S/O- LATE GAFUR ALI
R/O- VILL.- BELSOR
DHARAMPUR
P.S. BELSOR
DIST.- NALBARI
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE CHIEF SECRETARY, ASSAM-CUM-CHAIRMAN, STATE LEVEL
COMMITTEE FOR COMPASSIONATE APPOINTMENT, ASSAM, DISPUR,
GUWAHATI-6.
2:THE SECRETARY TO THE GOVT. OF ASSAM
WATER RESOURCE DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE SECRETARY TO THE GOVT. OF ASSAM
A. H. AND VETERINARY DEPARTMENT
DISPUR
GUWAHATI-6.
4:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
GOVT. OF ASSAM
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CHANDMARI
GUWAHATI-3.
5:THE DISTRICT ANIMAL HUSBANDARY AND VETERINARY OFFICER
KAMRUP
CHENIKUTHI
GUWAHATI-3
Advocate for the Petitioner : MR. N H BARBHUIYA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
07-04-2021 Heard Shri N. H. Barbhuiya, learned counsel for the applicant who has filed this application for correction of a typographical error in the order dated 16.12.2020. The order pertained to the consideration of the case of the petitioner for appointment on compassionate ground. Though the order dated 16.12.2020 reflects that his case was duly considered by the District Level Committee, Kamrup and was pending consideration before the State Level Committee, in the operative part of the said order, the Department was directed to place the case of the petitioner before the District Level Committee which had already taken a decision in his favour.
The learned counsel accordingly prays for that the direction should be read to be a direction to the State Level Committee for such consideration.
Ms. M. D. Borah, learned State Counsel does not seriously object to the said prayer. Ms. S. Chutia, learned counsel representing the Water Resources Department also endorses the submission of learned counsel for the petitioner.
A reading of the order dated 16.12.2020 would make it apparent that though it was recorded that the consideration by the District Level Committee was already done and his case was rejected by the State Level Committee, the reconsideration has to be done not by the District Level Committee but by the State Level Committee. Accordingly, in the operative part of the judgment, the term "District Level Committee" be replaced by "State Level Committee".
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For all necessary purposes, the order dated 16.12.2020 would be read to mean that the reconsideration has been directed to be made by the State Level Committee in the next meeting scheduled.
A copy of this order may be treated to be a part of the order dated 16.12.2020 passed in WP(C) No. 1198/2020.
Review petition stands disposed of.
JUDGE
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