Jatin Ch Deka vs The State Of Assam And 2 Ors
2023 Latest Caselaw 1297 Gua

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GAHC010057702023




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

                                 Case No. : WP(C)/1740/2023

            JATIN CH DEKA
            S/O- DHANBAR DEKA, R/O- VILL- NIZDALGAON, P.O. DALGAON, DIST.-
            DARRANG, ASSAM, PIN- 784116



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE COMMISSIONER SECRETARY, HOME DEPTT. DISPUR,
            GUWAHATI- 6, DIST.- KAMRUP (M)

            2:DEPUTY INSPECTOR GENERAL OF POLICE
             NORTHERN RANGE
            ASSAM
            TEZPUR
             DIST.- SONITPUR (ASSAM)
             PIN- 784001

            3:THE COMMANDANT
             3RD APTF BN
             HQR
             KHAJUABIL
             UDALGURI
             P.O. KOUPATI
             DIST.- UDALGURI BTR
             PIN- 78411

Advocate for the Petitioner   : MS S CHAKRABORTY

Advocate for the Respondent : GA, ASSAM
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 29.03.2023

Heard Ms. S. Chakraborty, the learned counsel appearing on behalf of the petitioner and Mr. J. K. Goswami, the learned Standing counsel appearing on behalf of the respondent Nos. 1, 2 and 3.

Issue notice making it returnable on 15.05.2023.

As the respondents are duly represented by Mr. J. K. Goswami, the learned Standing counsel, extra copies of the writ petition be served upon him within 3 (three) days.

It is the case of the petitioner that the petitioner was dismissed from service vide an order dated 11.12.2014. The said order dated 11.12.2014 was affirmed in appeal vide an order dated 23.06.2015. Both the orders dated 11.12.2014 as well as 23.06.2015 were challenged before this Court in WP(C) No.5993/2015.

This Court by the judgment and order dated 01.11.2018 had set aside the orders dated 11.12.2014 and 23.06.2015. It has been submitted that the said order has not been challenged by the respondent authorities thereafter.

Under such circumstances, the petitioner claims the arrear salary for the period from 11.12.2014 to 21.11.2018.

On the next returnable date, the learned Standing counsel appearing on behalf of the respondents shall apprise this Court as to why the petitioner is not Page No.# 3/3

entitled to the said amount.

List accordingly.

JUDGE

Comparing Assistant