Page No.# 1/3 vs The State Of Assam And 3 Ors
2023 Latest Caselaw 3987 Gua

                                                              Page No.# 1/3

GAHC010213442023




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

                          Case No. : WP(C)/5645/2023

         MUNLIEN CHOREI AND ANR
         S/O- LATE MANIK CHOREI,
         RESIDENT OF VILLAGE AND P.O.- MANIKBAND,
         PS- BAZARICHERRA,
         DIST- KARIMGANJ, ASSAM.

         2: RANJIT DAS
          SON OF LATE PARESH DAS

         RESIDENT OF VILLAGE- KURAKHUNA

         PO- TILLABAZAR

         PS AND DIST- KARIMGANJ
         ASSAM

         PIN- 788709

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM,
         DEPARTMENT OF HOME AND POLITICAL,
         DISPUR, GUWAHATI-06.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-06.

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          REVENUE AND D.M. (LR) DEPARTMENT
          GUWAHATI-06.
                                                                        Page No.# 2/3


            4:THE DISTRICT COMMISSIONER
             KARIMGANJ DISTRICT
             PO
             PS AND DIST- KARIMGANJ

            ASSAM
            PIN- 788710

Advocate for the Petitioner   : MR H R CHOUDHURY

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

27.09.2023 Heard Mr. H.R. Choudhury, learned counsel for the petitioners. Also heard Mr. CKS Baruah, learned counsel for the respondents No. 1 & 4; Mr. A Chaliha, learned counsel for the respondent No. 2 and Mr. S. Dutta, learned Standing Counsel, Revenue for the respondent No. 3.

This writ petition has been filed by the two petitioners who are aggrieved by the communication dated 04.08.2023 issued by the Deputy Secretary, Government of Assam rejecting the cases of the petitioners for grant of benefit in terms of the directions of this Court vide Judgment and Order dated 08.06.2017 passed in W.A. No. 45/2014. In the said communication, it was mentioned that as per available record, proposal in respect of the petitioners were not received by the Finance Department and therefore, rejected. The learned counsel for the petitioners submits that by referring to communication dated 06.03.2023 stated to have been issued by the Deputy Commissioner, Karimganj forwarding the necessary particulars of the petitioners Page No.# 3/3

to the Principal Secretary, Government of Assam, Department of Revenue and Disaster Management. In the said communication, the service particulars i.e. length of service, scale of pay, amount of wages paid etc, status of being engaged, namely weather Work Charged, Muster Roll, Fixed Pay etc. are all furnished as an enclosure to the said communication. The learned counsel for the petitioner submits that where Deputy Commissioner has furnished all the relevant details, there was no occasion for the Revenue and Disaster Management Department to reject the claim of the petitioners on the ground that particulars were not available before the Finance Department. It is submitted that the particulars furnished by the Deputy Commissioner's Office might have been overlooked by the Department of Revenue and Disaster Management while forwarding cases of other similarly situated persons to the competent authority for grant of benefits in terms of the Judgment and Order dated 08.06.2017 passed in W.A. No. 45/2014. In that view of the matter, the learned counsel for the petitioners has approached this Court challenging the communication dated 04.08.2023.

Let Notices be issued, returnable in four weeks.

Since Mr. CKS Baruah, learned counsel for the respondents No. 1 & 4; Mr. A Chaliha, learned counsel for the respondent No. 2 and Mr. S. Dutta, learned Standing Counsel, Revenue for the respondent No. 3 have entered appears, Notices are waived. However, extra copies be served within a period of one week from today.

List after four weeks.

JUDGE

Comparing Assistant