Page No.# 1/3 vs The State Of Assam And 3 Ors
2024 Latest Caselaw 5557 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 3 Ors on 5 August, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                              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, A S PRODHANI,S. TALUKDAR

Advocate for the Respondent : GA, ASSAM, SC, FINANCE,SC, REVENUE




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

05.08.2024

Heard Shri H.R. Choudhury, learned counsel for the petitioners, who by means of this writ petition has prayed for the benefits as per the judgment dated 08.06.2017 passed by the Hon'ble Division Bench of this Court in the case of State of Assam vs. Upen Das in WA 45/2014.

While the petitioners relies upon a communication issued by the Deputy Commissioner of the concerned Karimganj District dated 06.03.2023, the Annexure 1 to the said letter which gives the data of the period of employment of the two petitioners would indicate that their engagements were periodical and in fact there is no record of engagements from the year 2001 to the year 2021 so far as the petitioner no.1 is concerned and for the period 1999 till 2023 so far as the petitioner no.2 is concerned.

The learned counsel for the petitioners however prays for some time to obtain instructions in view of the affidavit-in-opposition recently filed.

Page No.# 3/3

Shri B. Gogoi, learned Standing Counsel, Finance Department, Shri D. Bora, learned State Counsel and Shri S. Dutta, learned Standing Counsel, Revenue department are present.

In the interest of justice, 2 (two) weeks time is granted to enable the learned counsel for the petitioners to obtain instructions.

JUDGE

Comparing Assistant