Sohen Basumatary vs The State Of Assam And 5 Ors
2021 Latest Caselaw 2884 Gua

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GAHC010187032021




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

                           Case No. : WP(C)/5980/2021

         SOHEN BASUMATARY
         S/O ISHAI BASUMATARY, R/O SALKOCHA, P.O. SILJARA, P.S. KOKRAJHAR,
         ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM, ENVIRONMENT AND FOREST DEPTT., ASSAM, DISPUR.

         2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM

          FINANCE DEPTT.
          DISPUR
          GUWAHATI 6

         3:PRINCIPAL CHIEF CONSERVATOR OF FORESTS

          ASSAM
          REHABARI
          GUWAHATI 8

         4:CHIEF CONSERVATOR OF FORESTS (TERRITORIAL)
         ASSAM
          PANBAZAR
          GUWAHATI 781001

         5:CONSERVATOR OF FORESTS

          LOWER ASSAM SOCIAL FORESTRY CIRCLE
          BONGAIGAON
          ASSAM.
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             6:DIVISIONAL FOREST OFFICER

              DHUBRI FOREST DIVISION
              DHUBRI
              ASSAM 78330

Advocate for the Petitioner     : MS P AGARWAL

Advocate for the Respondent : SC, FOREST




                                   BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                               ORDER

15.11.2021

Heard Ms. P. Agarwal, learned counsel for the petitioner, who submits that the petitioner's case should be considered for payment of the minimum scale of pay in terms of the judgment of the Division Bench passed in State of Assam vs. Upen Das and 835 Others, reported in 2017 (4) GLR 493. She however submits that as the petitioner has not filed any representation prior to approaching this Court, the petitioner may be allowed to withdraw the writ petition with liberty being given to file a representation before the authorities concerned.

Mr. R. Borpujari, learned counsel appearing for the respondent no.2 and Mr. R.R. Gogoi, learned counsel appearing for the respondent nos.1, 3, 4, 5 & 6 submit that they have got no objection to the prayer made by the petitioner's counsel.

In view of the submission made by the counsel for the parties, the prayer of the writ petitioner is allowed. The writ petition is accordingly dismissed as withdrawn, with liberty being given to the petitioner to file a representation before the respondent no.3, who shall examine and dispose of the same within a period of 2 (two) months from the date of receipt of the petitioner's representation, which shall be accompanied by a certified copy of this order.

JUDGE

Comparing Assistant