WA/216/2020
2021 Latest Caselaw 267 Gua

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GAHC010187522020




                       IN THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)


                            WRIT APPEAL NO.216 OF 2020
                            Smti. Nikumoni Saikia,
                            Daughter of Late Bidyadhar Saikia
                            Resident of Dergaon, PO: Dergaon,
                            District: Golaghat, Assam, PIN - 785614.
                                                                           ........Appellant
                                      -Versus-

                            1. The State of Assam, represented by the Commissioner &
                            Secretary, Government of Assam, Social Welfare Department,
                            Dispur, Guwahati - 781006.

                            2. The Director,
                            Social Welfare Department, Assam, Uzanbazar, Guwahati.

                            3. The Accountant General,
                            Assam, Beltola, Guwahati - 781029.

                                                                        ........Respondents

-BEFORE-

HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

For the Writ Appellant : Mr. M.U. Mahmud, Advocate.

  For the Respondent Nos.1 & 2              : Mr. T.C. Chutia,
                                              Additional Senior Government Advocate, Assam

  For the Respondent No.3                   : Mr. G. Baishya,
                                              Standing Counsel, Accountant General, Assam.

  Date of hearing                           : 28th January, 2021.

  Date of Judgment & Order                  : 28th January, 2021.
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                             JUDGMENT & ORDER (ORAL)
(Sudhanshu Dhulia, CJ)

Heard Mr. M.U. Mahmud, learned counsel for the appellant. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.1 & 2 and Mr. G. Baishya, learned standing counsel, Accountant General, Assam, appearing for the respondent No.3.

2. This is a writ appeal filed against the order dated 27.11.2020 passed by the learned Single Judge in WP(C) No.4967/2020, whereby the said writ petition was dismissed.

3. The case of the petitioner/writ appellant was that she was working in Social Welfare Department and had retired from service on 31.01.2020 as Child Development Project Officer (CDPO). She was promoted to the said post on 27.10.2014 but in the writ petition she had raised a claim that since her juniors were promoted to the said post in the year 2006, she is also liable to be promoted in the year 2006. The writ petition was dismissed by the learned Single Judge not only because of the inordinate delay in the writ petition but also for the reasons that any interference at this belated stage would disturb the seniority in the Department, who are not before the Court. It was stated as under:-

"On the facts above, this Court is of the clear view that the writ petition requires to be dismissed summarily. It is not only that there has been inordinate delay in approaching this Court, also, in the event the prayer made in the writ petition is allowed, the same would amount to turning back the clock to the year 2006, when during the interregnum period between 2006 and her promotion in the year 2014, many officers must have been promoted to the post of CDPO. If the petitioner is granted benefit of promotion as CDPO with effect from 20.01.2006, the same would only result in disturbing settled position and rights of others, who are not before this Court.

On the above, the writ petition does not merit any consideration and the same stands dismissed, however, without any order as to cost."

4. Mr. Mahmud, learned counsel for the writ appellant has given a statement before this Court that subsequent to dismissal of the afore mentioned writ petition, he has been Page No.# 3/3

apprised by the petitioner/writ appellant that she had in fact earlier approached this Court in a writ petition, where there was certain orders in her favour, and as these facts were not stated before this Court and hence this Court may hear the matter afresh, as these facts were not stated before the learned Single Judge.

5. Mr. Mahmud, learned counsel for the writ appellant prays that he may be permitted to withdraw the writ appeal with liberty to file a review petition on the basis of the new facts which have subsequently came to light.

6. In view of the above statement of Mr. Mahmud, learned counsel for the writ appellant, the writ appeal stands dismissed as withdrawn with a liberty to the petitioner/writ appellant to prefer a review petition, if so advised.

                                        JUDGE                       CHIEF JUSTICE



M. Sharma




Comparing Assistant