Baluram Gogoi vs The State Of Assam And 10 Ors
2023 Latest Caselaw 1982 Gua

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GAHC010224722021




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

                          Case No. : WP(C)/7397/2021

         BALURAM GOGOI
         S/O LT. RANJIT GOGOI (DHARANI)
         R/O CHOWKHAMGHAT
         P.O. AND P.S. GHILAMARA
         DHAKUAKHANA LAKHIMPUR, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 10 ORS.
         TO BE REP. BY THE PRINCIPAL COMMISSIONER AND SECRETARY TO THE
         GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT
         DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM

         2:THE PRINCIPAL COMMISSIONER AND SECRETARY TO THE GOVT. OF
         ASSAM

          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-06
          ASSAM

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

          FINANCE DEPARTMENT (EC-II)
          DISPUR
          GUWAHATI-06
          ASSAM

         4:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          DISPUR
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GUWAHATI-6
ASSAM

5:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-6
ASSAM

6:THE COMMISSIONER PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
 JURIPAR
 PANJABARI
 GUWAHATI-22
ASSAM

7:THE JOINT SECRETARY TO THE GOVT. OF ASSAM

PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI-06
ASSAM

8:THE SECRETARY

FINANCE (ECONOMIC AFFAIRS) DEPARTMENT
DISPUR
GUWAHATI-6
ASSAM

9:THE JOINT DIRECTOR
 O/O THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
ASSAM
 JURIPAR
 PANJABARI
 GUWAHATI-22
ASSAM

10:THE CHIEF EXECUTIVE OFFICER

LAKHIMPUR ZILLA PARISHAD
LAKHIMPUR
P.O. AND P.S. LAKHIMPUR
DIST. LAKHIMPUR
ASSAM
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             PIN-787001.

            11:THE LAKHIMPUR ZILLA PARISHAD

             REP. BY ITS PRESIDENT
             LAKHIMPUR
             P.O. AND P.S. LAKHIMPUR
             DIST. LAKHIMUR
             ASSAM
             PIN-78700

Advocate for the Petitioner   : MR. P BOIRAGI

Advocate for the Respondent : SC, P AND R.D.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

Date : 15.05.2023

Heard Ms. B. Talukdar, the learned counsel appearing on behalf of the petitioner and Mr. N. K. Debnath, the learned Standing counsel appearing on behalf of the P&RD Department. I have also heard Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the Finance Department.

2. Mr. N. K. Debnath, the learned Standing counsel submits that in pursuance to the order dated 10.04.2023, the P&RD Department is in the process of filing the affidavit today.

3. Mr. B. Gogoi, the learned Standing counsel submits that he may be given an accommodation for a week so that he can obtain the necessary instructions.

4. Accordingly, list the matter again on 29.05.2023 on which date, the learned Standing counsel for the P&RD Department as well as the learned Standing counsel for the Finance Department shall obtain the instructions in terms with Page No.# 4/4

the order dated 10.04.2023.

5. Further to that the learned Standing counsel for the Finance Department shall also apprise this Court as to whether in pursuance to the directions passed by the Division Bench in its judgment and order dated 08.06.2017 in the case of State of Assam Vs. Upen Das , the respondent authorities can deny the benefit of

the said judgment on the ground that the petitioner's appointment was made subsequent to the coming into effect of the AFRBM Act, 2005.

6. Liberty is given to the petitioner to mention the matter for upgrading.

JUDGE

Comparing Assistant