Gauhati High Court
Sanjoy Das vs The State Of Assam And 7 Ors on 17 May, 2023
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GAHC010094412023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2646/2023
SANJOY DAS
S/O- LT. SAMARJIT DAS,
VILLAGE- SADARASHI,
P.O.- SADARASHI, P.S.- KARIMGANJ,
DISTRICT- KARIMGANJ, ASSAM,
PIN- 788709.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM,
ENVIRONMENT AND FOREST DEPARTMENT,
DISPUR, GUWAHATI- 781006.
2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
FOREST FORCE
ASSAM
ARANYA BHAWAN
PANJABARI
GUWAHATI- 781037.
3:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (AFFTN)-CUM-
CHAIRMAN
COMMITTEE FOR VERIFICATION OF THE STATUS OF LEFT OUT CASUAL
WORKERS
O/O. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
FOREST FORCE
ASSAM
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ARANYA BHAWAN
PANJABARI
GUWAHATI- 781037.
4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS (T)
LOWER ASSAM ZONE
GUWAHATI- 781001.
5:THE CHIEF CONSERVATOR OF FORESTS
SOUTHERN ASSAM CIRCLE
SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788001.
6:THE DIVISIONAL FOREST OFFICER
KARIMGANJ FOREST DIVISION
P.O.- KARIMGANJ
DISTRICT- KARIMGANJ
ASSAM
PIN- 788710.
7:THE RANGE OFFICER
SADAR RANGE
KARIMGANJ
P.O.- KARIMGANJ
DISTRICT- KARIMGANJ
ASSAM
PIN- 788710.
8:THE FINANCE DEPARTMENT
GOVT. OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY
ASSAM
DISPUR
GUWAHATI- 781006
Advocate for the Petitioner : MR S CHAUHAN
Advocate for the Respondent : SC, FOREST
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BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
17.05.2023
Heard Mr. S. Chauhan, the learned counsel for the petitioner and Mr.
R. R. Gogoi, the learned counsel appearing on behalf of the respondent
Nos.1 to 7 as well as Mr. A. Chaliha, the learned counsel appearing on
behalf of the respondent No.8.
2. Issue notice making it returnable on 23.06.2023.
3. As the respondents are duly represented by their respective counsels,
extra copies of the writ petition be served upon them by 19.05.2023.
4. From a perusal of the writ petition, it transpires that this is the
second round of litigation filed by the petitioner. In the initial round of
litigation, i.e. WP(C) No.6870/2017, though the petitioner claimed
regularization of his service, but this Court vide the judgment and order
dated 13.11.2017 directed the State respondents to consider the case of
the petitioner in terms with paragraph No.22 of the judgment of the
learned Division Bench of this Court in the case of State of Assam vs. Upen
Deka & Others dated 08.06.2017. It, however, appears that pursuant
thereto, steps were taken for consideration of the case of the petitioner. It
further appears from the minutes of the meeting held on 06.08.2018 that
though the petitioner's name was recommended for consideration as fixed
pay worker by the DFO, Karimganj Division, but the Committee did not
recommend the name of the petitioner on the ground that there being no
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supporting documents.
5. Be that as it may, on the basis of the recommendation made by the
Committee on 06.08.2018, the Secretary to the Government of Assam,
Environment and Forest Department directed the PCCF and HoFF, Assam
to reverify the records and submit the report to the Department within
thirty days for further action.
6. It further appears that pursuant thereto, the Range Officer, Sadar
Range, Karimganj as well as the Additional PCCF (Administration &
Vigilance) have issued communication to the authorities concerned that
the petitioner is entitled to the benefits in terms with the judgment and
order of the Division Bench of this Court in the case of Upen Deka (supra).
7. The learned counsel appearing on behalf of the Forest Department
shall apprise this Court on the returnable as to what steps have been
taken pursuant to Annexure Nos.17 & 18 of the writ petition.
8. List accordingly.
JUDGE
Comparing Assistant
