Dismissed

Assam Forest Service Class-I Association and Anr. v. the Union of India and 5 Ors.

Gauhati HC11 Mar 2019WP(C)/5550/2015

Case brief

AI extract

What is this about?

Petitioners sought directions to improve service conditions by creating posts in the Forest Department. The court directed respondent authorities to examine an approved proposal for post creation and pass orders within three months, accompanied by a speaking order. The petitions were disposed of. ~55 words

What did the court decide?

Direction to examine the approved proposal for post creation and issue a speaking order deciding the issue within three months.

Assam Forest Service Class-I Association and… — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/5

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GAHC010202022016

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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) 5550/2015

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1:ASSAM FOREST SERVICE CLASS-I ASSOCIATION and ANR.

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REP. BY ITS GENERAL SECRETARY SHRI BHASKAR DEKA C/O DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA BELTOLA GUWAHATI.

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VERSUS

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1:THE UNION OF INDIA and 5 ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA ENVIRONMENT AND FOREST DEPARTMENT NEW DELHI.

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2:THE STATE OF ASSAM

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REPRESENTED BY THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT and FOREST DEPARTMENT DISPUR GUWAHATI- 6.

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3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI- 6.

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4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 6 KAMRUP M

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Page No.# 2/5

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ASSAM.

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5:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM REHABARI GUWAHATI- 8. 6:INDIAN FOREST SERVICE ASSOCIATION- ASSAM CHAPTER REPRESENTED BY ITS GENERAL SECRETARY SRI SATYENDRA SINGH RESIDENT OF REGENT PARADISE BHETAPARA GUWAHATI- 28. Advocate for the Petitioner : MR.J I BORBHUIYA Advocate for the Respondent : SC FOREST

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Linked Case : WP(C) 7872/2015

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1:ASSAM FOREST SERVICE CLASS-I and ANR. ASSOCIATION REP. BY ITS GENERAL SECRETARH SHRI BHASKAR DEKA C/O DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA BELTOLA GUWAHATI. 2: SHRI BHASKAR DEKA S/O LT. BADAN DEKA NEW TOWN PATH NEW TOWN ULUBARI GUWAHATI-7 P.S. PALTAN BAZAR IN THE DIST. OF KAMRUP M ASSAM. C/O DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA BELTOLA GUWAHATI. VERSUS 1:THE UNION OF INDIA and 6 ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA ENVIRONMENT FOREST AND CLIMATE CHANGE DEPARTMENT NEW DELHI.

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2:THE STATE OF ASSAM REP. BY THE ADDL. CHIEF SECRETARY/SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT and FOREST and FOREST DEPARTMENT DISPUR GUWAHATI-6. 3:THE SECRETARY TO THE GOVT. OF ASSAM PERSONNEL DEPARTMENT DISPUR GUWAHATI-6. 4:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 KAMRUP ASSAM. 5:THE SECRETARY TO THE GOVT. OF ASSAM LEGAL REMEMBRANCES JUDICIAL DEPARTMENT DISPUR GUWAHATI-6 KAMRUP M ASSAM. 6:THE CIVIL SERVICE BOARD IFS CADRE ASSAM REP. BY ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWHATI -6. 7:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ASSAM REHABARI GUWAHATI-8.

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Advocate for the Petitioner : MR.J I BORBHUIYA Advocate for the Respondent : MS.M DEV

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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Page No.# 4/5

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ORDER

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Date : 11-03-2019

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Heard Mr. J.I. Borbhuiya, learned counsel for the petitioners. Also heard Mr. S. Dutta, learned Standing Counsel for the Forest Department as well as Mr. P. Nayak, learned Standing Counsel for the Finance Department and Mr. M. Mahanta, learned Standing Counsel for the Personnel Department.

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In these petitions, the petitioners have sought for certain direction to be issued to the respondent authorities for improving the service condition of the members of the petitioners by creating posts in appropriate grades.

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It have been submitted by the learned counsel for the petitioners that during the pendency of this petition, the Department i.e., the Forest Department had already submitted a detail proposal for the creation of posts to the rank of Conservator of Forest and the Chief Conservator of Forest in the State Forest Department, to the State Government vide official letter dated 23.02.2018. In the said proposal, the Department has given details of the requirement and justification for the creation of posts.

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It has been submitted by the learned counsel for the petitioners that the said proposal has also received approval from the Finance Department as well as Department of Personnel and Department of Law.

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Accordingly, it has been submitted by the learned counsel for the petitioners that the authorities should not have any difficulty on their part to act upon the said proposal.

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Be that as it may, since the authority has to take the final call in this regard, let the authority examine the said proposal, more so, since the proposal had been already approved by the Finance Department as well as Personnel Department and Law Department as submitted by the learned counsel for the petitioners.

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The State respondents after considering the said proposal shall pass necessary orders relating to the creation of posts at the appropriate level as they may deem fit and proper. The authority will intimate to the petitioners of their decision by issuing a speaking order in this regard, preferably within a period of three months from the date of receipt of a certified copy

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of this order.

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With the above observations and directions, these petitions are disposed of.

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JUDGE

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Comparing Assistant

Assam Forest Service Class-I Association and Anr. v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Assam Forest Service Class-I Association and Anr. v. the Union of India and 5 Ors.

Case brief

What is this about?

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What the court decided

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