Disposed

Newghat Gaonbura Association v. the State of Assam and 5 Ors.

Gauhati HC7 Feb 2018WP(C)/449/2017

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging age and qualification limits for Gaonburha appointments by staying the selection process and directing the parties to preserve records of a prior related judgment and government message. No fresh decision was made.

What did the court decide?

Case disposed of by staying proceeding in light of prior judgment; directed to preserve records of prior order and WT message.

Newghat Gaonbura Association Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010121222017

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

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Case No. : WP(C) 449/2017

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1:NEWGHAT GAONBURA ASSOCIATION

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DHUBRI, REP. BY ITS SECRETARY CHAND MIAH MOZUMDAR, VILLSOUTH KHOPATIAQ PT.IV, P.O. HAZIRHAT, DIST. DHUBRI, ASSAM PIN - 783128.

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VERSUS

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1:THE STATE OF ASSAM and 5 ORS.

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REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6.

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE and DISASTER MANAGEMENT DEPARTMENT

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DISPUR, GUWAHATI -6.

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3:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM REVENUE and D.M. DEPARTMENT DISPUR, GUWAHATI-6.

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4:THE DIRECTOR OF LAND RECORDS and SURVEYS ETC. ASSAM RUPNAGAR, GUWAHATI-32.

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5:THE DEPUTY COMMISSIONER OF DHUBRI DISTRICT P.O. DHUBRI ASSAM, PIN - 783301.

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6:THE DEPUTY COMMISSIONER OF SOUTH SALMARA MANKACHAR HATSINGIMARI P.O. HATSINGIMARI ASSAM PIN - 783131

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Page No.# 2/2

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Advocate for the Petitioner : MRR KARIM

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HRISHIKESH ROY

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JUDGMENT

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07-02-2018.

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The petitioner Association represents the interest of the honorary Gaonburhas, serving in the Dhubri and South Salmara & Mankachar District. They challenged the stipulation of matriculation and the upper age limit of 40 years, for appointment of Gaonburhas, specified in the Government Notification dated 5.1.2016 (page-66).

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The learned counsel for the petitioners, Mr. S.K. Das and the learned Govt. Advocate, Mr. M.R. Adhikari jointly submit that this case is squarely covered by the judgment dated 5.4.2017, in the WP(C) No.2054/2017 (Nalendra Mushahary & 73 ors. vs. State of Assam & ors.). It is further submitted by Mr. Das that since then the Government has issued the WT message dated 20.2.2017, whereby the impugned guideline on selection of Gaonburhas, is kept in abeyance.

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In view of the above projection and the consensus amongst the rival counsel, this case stands disposed of in terms of the judgment in the WP(C) No.2054/2017, whereby it was directed that without a formal decision on relaxation of age and qualification of the aspirants, the selection process should not be undertaken.

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With the above observation, the case stands disposed of accordingly. A copy of the order in the WP(C) No.2054/2017 (Nalendra Mushahary & 73 ors. vs. State of Assam & ors.) and the WT message dated 20.2.2017, be kept in the case records.

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JUDGE

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Comparing Assistant

Newghat Gaonbura Association v. the State of Assam and 5 Ors.

Case brief

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Newghat Gaonbura Association v. the State of Assam and 5 Ors.

Case brief

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