The State Of Assam Represented By Its ... vs Nur Hussain Mollah
2025 Latest Caselaw 4849 Gua

Gauhati High Court

The State Of Assam Represented By Its ... vs Nur Hussain Mollah on 20 May, 2025

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

                               Case No. : I.A.(Civil)/237/2025

            1: THE STATE OF ASSAM REPRESENTED BY ITS PRINCIPAL SECRETARY
            TO THE GOVERMENT OF ASSAM, PANCHYAT AND RURAL DEVELOPMENT
            DEPARTMENT, DISPUR, GUWAHATI-781006

            2: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
            ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT ASSAM
            DISPUR GUWAHATI-6.

            3: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
            ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6

            4: THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT
            DEPARTMENT JURIPAR PUNJABARI GUWAHATI- 37.

            5: THE DIRECTOR OF PENSION ASSAM
            HOUSEFED COMPLEX GUWAHATI-6.

            6: THE CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD P.O. AND
            DISTRICT- DHUBRI ASSAM PIN- 783101.

            7: THE TREASURY OFFICER DHUBRI TREASURY P.O. AND DISTRICT-
            DHUBRI ASSAM PIN- 78310

                        VERSUS

            NUR HUSSAIN MOLLAH
            S/O. MEZER UDDIN MOLLAH, VILLAGE- MADAIKHALI, P.O.-
            ASHARIKANDI, DISTRICT- DHUBRI, ASSAM, PIN- 783331

For the Applicant(s)      : Mr. K. Konwar, Additional Advocate General, Assam, assisted by Mr.
                          A.K. Ghose, Advocate.

For the Respondent(s)     : Mr. M. Dutta, Advocate.

: Mr. M. Islam, Advocate.

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-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY 20.05.2025 (Vijay Bishnoi, CJ)

This interlocutory application is preferred by the State seeking a clarification in the judgment & order dated 05.08.2023 passed in Writ Appeal No.133/2023.

Mr. K. Konwar, learned Additional Advocate General, Assam has submitted that there is a confusion to the effect that whether the services of the non-applicant/writ petitioner are to be treated as regularized from 10.06.2003 or from an earlier date.

We have gone through the judgment & order dated 05.08.2023 passed in Writ Appeal No.133/2023 and find that in Paragraph V.B. (page 16 of the judgment), the Division Bench recorded a specific finding to the effect that the appointment of the non-applicant/writ petitioner is to be treated as an appointment in a substantive post with effect from 10.06.2003.

In view of the said specific finding recorded in the judgment & order dated 05.08.2023, we deem it appropriate to clarify that the services of the non- applicant/writ petitioner are deemed to be regularized from 10.06.2003 and not before that.

With this clarification, this interlocutory application stands disposed of.

                      JUDGE                           CHIEF JUSTICE




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