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2022 Latest Caselaw 979 Gua

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GAHC010059672020




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

                          Case No. : WP(C)/1238/2020


         KAMAL TALUKDAR AND 10 ORS.
         S/O- LATE PRAMOD TALUKDAR
         R/O- VILL- CHIRAKHUNDI
         P.O AND P.S- RANGIA
         DIST- KAMRUP
         ASSAM

         2: MD. NAJMUL ISLAM
         S/O- KHORSAN AHMED
          R/O- VILL- GOSAIN SOLMARI
          P.O AND P.S- RANGIA
          DIST- KAMRUP
         ASSAM

         3: JASMIN SULTANA
         D/O- MD. ISLAM UDDIN AHMED
         R/O- VILL- BARSIL
         P.O- MORANGANA
         P.S- RANGIA
         DIST- KAMRUP
         ASSAM

         4: MAHNUR ALI
         S/O- ROSTUM ALI
         R/O- VILL- GAUKUCHI
         P.O- GAUKUCHI
         P.S- GHOGRAPAR
         DIST- NALBARI
         ASSAM

         5: SIRAJUL HAQUE
         S/O- MD. KHAIRUL HUSSAIN
         R/O- P.O- KACHARI SOLMARI
         P.S- RANGIA
                                Page No.# 2/5

DIST- KAMRUP
ASSAM

6: KHAIRUL HUSSAIN
S/O- MOSLEM ALI
R/O- VILL- KACHARI SOLMARI
P.O AND P.S- RANGIA
DIST- KAMRUP
ASSAM

7: MILAN DAS
S/O- SRI JOYRAM DAS
R/O- VILL- JALJALI
P.O- DWARKUCHI
P.S- RANGIA
DIST- KAMRUP
ASSAM

8: MD. KHAIRUL ALI
S/O- MD. MUSLEM ALI
R/O- VILL- KACHARI SOLMARI
P.O AND P.S- RANGIA

DIST- KAMRUP
ASSAM

9: SYED SARIFUL HUSSAIN
S/O- LATE KHALIL ALI
R/O- VILL- CHIRAKHUNDI
P.O AND P.S- RANGIA
DIST- KAMRUP
ASSAM

10: MD. TAYEJUR RAHMAN
S/O- ABDUL WAHAB ALI
R/O- VILL- GOSAI SOLMARI
P.O AND P.S- RANGIA
DIST- KAMRUP
ASSAM

11: BHUBANESWAR KALITA
S/O- KALI RAM KALITA
R/O- VILL AND P.O- TULSIBARI
P.S- RANGIA
DIST- KAMRUP
ASSAM
VERSUS
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           THE STATE OF ASSAM AND 4 ORS
           REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
           FOREST AND ENVIRONMENT DEPTT
           ASSAM
           DISPUR
           GUWAHATI- 781006

           2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST
           FORCE
           ASSAM
           ARANYA BHAWAN
            PANJABARI
            GUWAHATI- 781037
            3:THE COMMITTEE
           FOR VERIFICATION OF STATUS OF LEFT OUT CASUAL WORKERS
            REP. BY ITS MEMBER SECRETARY
            OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD
           OF FOREST FORCE
           ASSAM
           ARANYA BHAWAN
            PANJABARI
            GUWAHATI- 781037
            4:THE DIVISIONAL FOREST OFFICER
           NORTH KAMRUP DIVISION
            RANGIA
            KAMRUP
           ASSAM
            PIN- 781354
            5:THE RANGE FOREST OFFICER
           RANGIA
            NORTH KAMRUP DIVISION
            RANGIA
            DIST- KAMRUP
           ASSAM
            PIN- 781354
            ------------
           Advocate for : MR. N H BARBHUIYA
           Advocate for : GA
           ASSAM appearing for THE STATE OF ASSAM AND 4 ORS



                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                  ORDER

Date : 21-03-2022 Page No.# 4/5

Heard Mr. P.K.R. Choudhury, learned counsel for the petitioners as well as Mr. R.R. Gogoi, learned Standing Counsel for the Forest Department.

2. The petitioners case is that the petitioners names are missing from the list of names of Muster Roll/Workcharged workers, who are to be given the benefit under para 22 of the Judgment of the Division Bench of this Court in State of Assam v. Upen Das & 836 Ors. in W.A No. 45/2014 passed on 08.06.2017.

3. The Forest Department counsel had been directed to obtain instructions and file affidavit, to indicate the reason for non-inclusion of the petitioners in the list of beneficiaries, who were to get the benefits in terms of para 22 of the judgment in W.A No. 45/2014, as circulated vide the letter No. FRE.106/2012/Pt./2086 dated 08.11.2018.

4. Mr. R.R. Gogoi, learned Standing Counsel, Forest Department submits that the petitioners can be directed to file a representation, with regard to their grievance and a direction can be issued to the respondent No. 2 to consider whether the petitioners can be considered for grant of benefits under para 22 of the Judgment passed in W.A. No. 45/2014.

4. The petitioners counsel submits that he has no objection to the proposal made by the learned Standing Counsel, Forest Department.

5. In view of the consent of the parties, the petitioners are given the liberty to file a representation with regard to their claims for grant of benefits under para 22 of the Judgment passed by the Division Bench of this Court in W.A No. 45/2014. In the event the petitioners file the representation, which should be done within a period of 1 (one) month from today, the State respondents shall examine the petitioners representations and take a decision on the same, within a period of 3 (three) months from the date of receipt of the said representation, which shall be accompanied by a certified copy of this order.

Writ petition is accordingly disposed of.

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Comparing Assistant