Abdul Sattar vs The State Of Assam And 5 Ors
2024 Latest Caselaw 8328 Gua

Gauhati High Court

Abdul Sattar vs The State Of Assam And 5 Ors on 13 November, 2024

Author: Nelson Sailo

Bench: Nelson Sailo

                                                                        Page No.# 1/3

GAHC010232722024




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

                           Case No. : WP(C)/5848/2024

         ABDUL SATTAR
         S/O- LATE MUJAFAR ALI, R/O- VILL. AND P.S. LAHARIGHAT, DIST.
         MORIGAON, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GHY-6.

         2:THE COMMISSIONER AND SECRETARY
          DEPARTMENT OF FINANCE
          DISPUR
          GUWAHATI-6.

         3:THE DIRECTOR

          LAND RECORDS AND SURVEYS ETC
          RUPNAGAR
          GUWAHATI-32.

         4:THE DEPUTY COMMISSIONER
          MORIGAON
          PIN- 782105.

         5:THE SUB-DIVISIONAL OFFICER (SADAR)

          MORIGAON
          DIST. MORIGAON
          ASSAM
          PIN- 782105.
                                                                         Page No.# 2/3

            6:THE CIRCLE OFFICER
             LAHARIGHAT REVENUE CIRCLE
             P.O. LAHARIGHAT
             DIST. MORIGAON
            ASSAM
             PIN- 782127

Advocate for the Petitioner   : M ALAMGEER, MR. A H M R CHOUDHURY

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




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                        ORDER

Date : 13.11.2024

Mr. A.H.M.R. Choudhury, learned counsel appearing for the petitioner, who submits that the petitioner is before this Court for the second time.

2. The writ petition being WP(C)/1379/2022 was disposed of vide order dated 03.06.2022 with a direction to the petitioner to submit a representation to the respondent/authority concerned to consider his prayer for grant of minimum scale of pay in terms of paragraph number 22 of the Division Bench Judgment passed in State of Assam Vs Upen Das and 835 Others, WA No. 45/2014.

3. According to the petitioner, a similar writ petition was filed by one Anja Bharat Chouhan in WP(C)/1217/2022 and a similar order was passed for consideration of the representation to be filed by the said petitioner. Although the said petitioner has been granted the minimum scale of pay, the petitioner has been left out. According to the petitioner the main cause is due to the filing of contempt petition by the said person whereas the petitioner has not filed any contempt petition.

4. In view of the above, issue notice of motion, returnable by 4 (four) weeks.

Page No.# 3/3

Mr. S. Dutta, learned counsel appears and accepts Notice on behalf of respondent Nos. 1 and 3; Mr. A. Chaliha, learned counsel appears and accepts Notice on behalf of respondent No.2 and Mr. C. S. Hazariaka, learned counsel accepts Notice on behalf of respondent Nos. 4, 5 and 6. As such, Notice is complete on all respondents. Petitioners to serve requisite extra copies of the writ petition to the learned counsel for the respondents within the course of this week.

5. Accordingly, list this matter again after 4 (four) weeks.

JUDGE

Comparing Assistant