Page No. 1/3 vs The State Of Assam And 3 Ors
2022 Latest Caselaw 4178 Gua

                                                                    Page No. 1/3

GAHC010036482022




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

                          Case No. : WP(C)/1499/2022

         SAMINDRA NATH KALITA AND 2 ORS
         S/O LT. LALIT CH. KALITA, R/O KALMONI, P.O.-MADHUKUCHI, DIST-
         KAMRUP, ASSAM

         2: ANIL KALITA
          S/O LT. DHATURAM KALITA
          R/O NAKUCHI
          P.O.-MORANJANA
          DIST-KAMRUP
         ASSAM

         3: PRABHAT KALITA
          S/O LT. SABAH RAM KALITA
          R/O MAIDAMGAON
         TRIPURA ROAD NO. 3 UDAYAN PATH
          P.O.-BELTOLA
          DIST-KAMRUP(M)
         ASSAM

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF
         ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-6

         2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          PERSONAL (B) DEPTT.
          DISPUR
          GUWAHATI-6

         3:THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM
          FINANCE SIU DEPARTMENT
          DISPUR
          GUWAHATI-6
                                                                                      Page No. 2/3


            4:THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM
             DEPARTMENT OF P.W.D.
             DISPUR
             GUWAHATI-

Advocate for the Petitioner   : MS. A TALUKDAR

Advocate for the Respondent : GA, ASSAM


                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 31.10.2022

Heard Ms. A. Talukdar, learned counsel for the petitioners; Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam for the respondent nos. 1 & 2; and Mr. R. Borpujari, learned Standing Counsel, Finance Department for the respondent no. 3.

From Annexure-B to the writ petition at Page no. 37 and from Annexure-C to the writ petition at Page no. 38, it transpires that the petitioner no. 2 and the petitioner no. 1 had submitted their applications for appointment before the respondent Public Works Department [PWD] after 2001. From the letter under memo no. PLA.269/2010/Pt.I/259/ECF-4841 dated 04.05.2020 of the Home & Political Department and addressed to the Public Works [Roads] Department, it appears that the Government in the Political Department had recommended for consideration of the cases of these 3 [three] petitioners, who earlier preferred a writ petition, W.P.[C] no. 5464/2013, disposed of by a judgment and order dated 27.07.2018, by condonation/relaxation of their ages for the post applied under the respondent Public Works Department [PWD]. The letter dated 04.05.2020 further reflected that the same had the approval of the Hon'ble Chief Minister, Assam.

Mr. B. Gogoi, learned Standing Counsel, Public Works Department [PWD] shall obtain up-to-date instruction as regards the consideration of the cases of the petitioners in terms of the letter dated 04.05.2020.

List the case after 2 [two] weeks on a date to be fixed by the office. The name of Mr. B. Gogoi, learned Standing Counsel, PWD be reflected in the Page No. 3/3

respondent side in the cause-list.

JUDGE

Comparing Assistant