Writ petition filed by a petitioner regarding temporary service regularization was dismissed for non-prosecution in the absence of the petitioner's counsel.
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GAHC010199302010
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4290/2010
1:MD. AKHERUZZAMAN SK
S/O LT. APTUR ALI, R/O VILL. FAKIRPURA, P.O. SUKCHAR, P.S. SUKCHAR, DIST DHUBRI, ASSAM
VERSUS
1:THE STATE OF ASSAM AND ORS
THROUGH THE SECY. TO THE GOVT. OF ASSAM,PANCHAYAT AND RURAL DEVELOPMENT DEPTT, DISPUR, GHY-6
2:THE DIRECTOR
PANCHAYAT AND RURAL DEVELOPMENT DEPTT JURIPAR, GHY-37
3:THE CHIEF EXECTIVE OFFICER ZILLA PARISHAD DHUBRI P.O.DHUBRI DIST DHUBRI, ASSAM
4:THE BLOCK DEVELOPMENT OFFICER FEKAMARI DEVELOPMENT BLOCK VILL AND P.O. FEKAMARI DIST DHUBRI, ASSAM
5:THE PRESIDENT SUKCHAR GAON PANCHAYAT SUKCHAR DIST DHUBRI, ASSAM
6:THE SECY.
SUKCHAR GAON PANCHAYAT SUKCHAR DIST DHUBRI, ASSAM
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7:NURUL ISLAM S/O. MOSOR ALI R/O VILL. BARABHANGA DIST DHUBRI, ASSAM
Advocate for the Petitioner : MR.S C BISWAS
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE HRISHIKESH ROY
JUDGMENT
15-02-2018.
The petitioner is unrepresented when the case is called. The State authorities are represented by Mr. D. Nath, the learned Addl. Sr. Govt. Advocate, Assam.
In the absence of the petitioner’s counsel, the Govt. Advocate refers to the counter affidavit filed on 5.1.2011, by the BDO, Fekamari Development Block, Dhubri to project that the petitioner was temporarily engaged as a Peon-cum-Chowkidar on 24.10.2008, with the honorarium of Rs.200/- P.M., in the Sukchar Gaon Panchayat. Subsequently, the petitioner was replaced be one Md. Nurul Islam (respondent No.7). The Govt. Advocate further submits that the petitioner with his short duration temporary service is disentitled to claim regularization, under the applicable norms and also because of the Division Bench judgment dated 8.6.2017, in the Writ Appeal No.45/2014 (State of Assam vs. Upen Das & others).
I have noted the above submission from the respondents’ side but as the counsel for the petitioner are absent, the case is dismissed for non-prosecution, rather than on merit.
JUDGE
Comparing Assistant
Md. Akheruzzaman SK
State of Assam
Hrishikesh Roy
As recorded by the court registry
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