Disposed

Moinul Haque Barbhuiya v. the State of Assam and 3 Ors.

Gauhati HC17 Jul 2018I.A.(Civil)/2260/2018

Case brief

AI extract

What is this about?

The Court disposed of an interim application filed by an applicant seeking compliance with a prior interim order regarding his posting as a Senior Assistant. The Court directed the respondents to implement the earlier interim order within three weeks.

What did the court decide?

Direction to respondents to comply with the interim order dated 16-09-2017 passed in W.P (C) 5370/2017 within three weeks.

Moinul Haque Barbhuiya Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2018)

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GAHC010130832018

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

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Case No. : I.A.(Civil) 2260/2018

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1:MOINUL HAQUE BARBHUIYA S/O- LATE HILAL UDDIN BARBHUIYA, R/O- VILL- BILPAR DHUMKAR, P.ORANGAUTI, DIST- HAILAKANDI, ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND 3 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI- 37

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3:THE DEPUTY COMMISSIONER and EXECUTIVE DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY HAILAKANDI P.O AND DIST- HAILAKANDI PIN- 788151

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4:THE CHIEF EXECUTIVE OFFICER CUM PROJECT DIRECTOR HAILAKANDI ZILLA PARISHAD/ DISTRICT RURAL DEVELOPMENT AGENCY HAILAKANDI P.O AND DIST- HAILAKANDI PIN- 78815

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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Linked Case : WP(C) 5730/2017 1:MOINUL HAQUE BARBHUIYA S/O- LATE HILAL UDDIN BARBHUIYA R/O- VILL- BILPAR DHUMKAR P.O- RANGAUTI DIST- HAILAKANDI ASSAM VERSUS 1:THE STATE OF ASSAM and 3 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GUWAHATI-6 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI JURIPAR GUWAHATI- 37 3:THE DEPUTY COMMISSIONER and EXECUTIVE DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY HAILAKANDI P.O AND DIST- HAILAKANDI PIN- 788151

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4:THE CHIEF EXECUTIVE OFFICER CUM PROJECT DIRECTOR HAILAKANDI ZILLA PARISHAD/ DISTRICT RURAL DEVELOPMENT AGENCY HAILAKANDI P.O AND DIST- HAILAKANDI PIN- 788151

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Advocate for the Petitioner : MR.H R A CHOUDHURY Advocate for the Respondent :

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BEFORE

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HONOURABLE MR. JUSTICE L.S. JAMIR

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ORDER

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Date : 17-07-2018

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Heard Mr. A H M R Choudhury, learned counsel for the applicant. Also heard Mr. D. Nath, learned Additional Senior Government Advocate appearing for all the opposite parties.

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The Government of Assam in the Panchayat and Rural Development Department accorded approval for dissolving District Rural Development Agency (DRDA) of Assam and to absorb the DRDA employees against the sanctioned vacant post of Government of Assam by a Notification dated 02-03-2016. The applicant/writ petitioner was promoted as U.D. Assistant, DRDA, Hailakandi in a resultant vacancy caused by the promotion of one Shyamal Nandi. By an order dated 16-08-2017, the applicant’s place of posting was wrongly shown as Junior Assistant, DRDA, Hailakandi and his place of absorption was shown as Junior Assistant in Hailakandi Zilla Parishad whereas, the applicant has to be absorbed as Senior Assistant. Being aggrieved, the applicant had approached this Court by way of W.P (C) 5370/2017 and on consideration of the matter, this Court passed an interim order dated 16-092017 which reads as under:-

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“ Having heard the learned counsel appearing for the parties, it is provided by way of an interim measure that if there is a vacant post of Senior Assistant in Lakhipur Anchalik Panchayat, Cachar, the petitioner will be posted to the said post”.

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Mr. A H M R Choudhury, learned counsel for the applicant submits that despite vacancy being available, the respondents are still not complying with the interim order dated 16-09-2017 passed by this Court in W.P (C) 5370/2017.

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After hearing the learned counsel for the parties, the present I.A is disposed of with a direction to the opposite party Nos. 1 and 2 to comply and implement the interim order dated 16-09-2017 passed by this Court in W.P (C) 5370/2017 within a

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period of 3 (three) weeks from today.

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I.A stands disposed of.

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JUDGE

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Comparing Assistant

Moinul Haque Barbhuiya v. the State of Assam and 3 Ors.

Case brief

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Moinul Haque Barbhuiya v. the State of Assam and 3 Ors.

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