Disposed

Hemanta Kumar Baruah and 4 Ors. v. the State of Assam and 12 Ors.

Gauhati HC15 Dec 2021WP(C)/5193/2016

Case brief

AI extract

What is this about?

This judgment grants liberty to similarly situated Assistant Enforcement Inspectors to submit individual representations for age relaxation under Rule 26 of the 2003 Rules for promotion to Enforcement Inspector, referencing a prior order.

What did the court decide?

Liberty granted to petitioners to submit individual representations within two weeks invoking Rule 26 of the 2003 Rules for age relaxation for promotion; disposal within two months upon receipt.

Hemanta Kumar Baruah and 4 Ors. Vs the State… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010023912016

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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)/5193/2016

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HEMANTA KUMAR BARUAH and 4 ORS S/O LT. KAMI NATH BARUAH OF L.K. R.B. ROAD, NABIN NAGAR, BYE LANE-2, GUWAHATI-24, DIST. KAMRUP M, ASSAM.

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2: SHRI BABUL MANDAL R/O. REHABARI BARI NAGAR BYE LANE-2 GUWAHATI DIST. KAMRUPM ASSAM.

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3: SHRI RANJIT KUMAR BRAHMA S/O. LT. SABHARAM BRAHMA VILL. NORTH NARABARI P.O. and DIST. KOKRAJHAR ASSAM.

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4: MD. ABU BAKKAR SIDDIQUE CHOUDHURY S/O. HAJI KAMAR ALI CHOUDHURY MIAJAN NAGAR PRAGATI PATH HOUSE NO. 1 GUWAHATI DIST. KAMRUPM PIN-781038.

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5: SHRI BIKASH SEN S/O. BIRESH CH. SEN BOLAGIRI ASHRAM ROAD RANGIRKHARI SILCHAR-5 DIST. CACHAR

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ASSAM

VERSUS

THE STATE OF ASSAM AND 12 ORS TO BE REP. BY THE COMMISIONER AND SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE SELECTION COMMITTE FOR PROMOTION TO THE POST OF ENFORCEMENT INSPECTOR REP. BY THE CHAIRMAN AND ADDITIONAL CHIEF SECRETARY TRANSPORT DEPARTMENT.

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3:THE COMMISSIONER OF TRANSPORT ASSAM KHANAPARA GUWAHATI-22.

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4:SHRI RIK RANJAN DAS S/O. LT. PRAKASH CHANDRA DAS R/O. RUKMINIGAON NEAR TANGRA SATRA HOUSE NO. 92A GUWAHATI-22 DIST. KAMRUPM ASSAM.

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5:SHRI CHITRA KUMAR NATH S/O. LT. MOTILAL NATH P.O. BALADMARI WARD NO. 16 DIST. GOALPARA ASSAM.

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6:SHRI DIGANTA BHUYAN S/O. LT. DEBEN BHUYAN JAIMATI PATHAR WARD NO. 18 P.O. TEZPUR DIST. SONITPUR ASSAM.

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7:SHRI NASER BHUYAN S/O. LT. KOLIMAN BHUYAN OFFICE AT DTO TINSUKIA ASSAM.

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8:SHRI ROMA KANTA PARI S/O. LT. DHONAI PARI OFFICE AT DTO KAMRUPR GUWAHATI ASSAM.

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9:SHRI JAGOT CHEKNIDHARA S/O ROKESWAR CHEKANIDHARA OFFICE AT DTO GOALPARA ASSAM.

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10:SHRI RAM KRISHNA CHOUDHURY S/O. LT. KHAGENDRA NATH CHOUDHURY OFFICE AT DTO KAMRUP ENFORCEMENT GUWAHATI ASSAM.

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11:SHRI MADHAB RABHA S/O. LT. KEKHEB CHANDRA RABHA OFFICE AT DTO SONITPUR ENFORCEMENT ASSAM.

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12:SHRI PADUM BAHADUR LAMA AEI O/O. THE COMMISSIONER OF TRANSPORT JOWAHAR NAGAR KHANAPARA GUWAHATI-22.

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13:SHRI PRAMESHWAR KALITA S/O. SHRI KALIRAM KALITA R/O. VILL. and P.O. GHUPDHARA DIST. GOALPARA ASSAM

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Advocate for the Petitioner : MR.N HAQUE

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Advocate for the Respondent : MR.P BAYANR-13

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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15.12.2021

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Heard Mr. N. Haque, learned counsel for the petitioners. Also heard Ms. M.D. Borah, learned Standing Counsel, Transport Department for the respondent nos.1, 2 & 3 and Mr. H. Betala, learned counsel for the respondent nos.5, 7, 8, 9, 10, 11 & 13..

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The petitioners’ case is that they are working as Assistant Enforcement Inspectors in the Department of Transport, Government of Assam and as per the Assam Transport Service Rules, 2003 (hereinafter referred to as “the 2003 Rules”), the next promotional post is the post of Enforcement Inspector. However, due to age bar, the petitioners could not come within the zone of consideration. Rule 26 of the 2003 Rules confers power upon the authority to relax the age. The grievance of the petitioners is that though the Government had favourably considered the case of the respondent nos.12 and 13 by relaxing their age, the petitioners who are similarly situated, were not considered by the authorities.

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Ms. M.D. Borah, learned Standing Counsel for the Transport Department submits that case is covered by the order dated 03.11.2021 passed in WP(C)7017/2019 and in terms of the said order, the petitioners may submit representations individually to the respondent no.1, who shall thereafter consider their prayer for invoking the provisions of Rule 26 of the 2003 Rules, for relaxing the age of the petitioners for considering their promotion to the next higher post of Enforcement Inspector.

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The petitioners’ counsel submits that he does not have any objection to the prayer made by the respondents’ counsel.

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On perusal of the order dated 03.11.2021 passed in WP(C) 7017/2019, this Court is of

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the view that the present case can also be disposed of in light of the order dated 03.11.2019. Accordingly the writ petition is disposed of by giving liberty to the petitioners, to submit individual representation(s) invoking Rule 26 of the 2003 Rules with a prayer for relaxing the norms and to consider them for promotion to the next higher grade of Enforcement Inspector. Such representation may be submitted within a period of 2 (two) weeks from today and upon receipt of the same, the same may be disposed of within a period of two months from the date of receipt of the representation along with a certified copy of this order. It is needless to say that the authorities would pass a speaking order on the said representation and the same should be communicated to the petitioners thereafter.

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JUDGE

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Comparing Assistant

Hemanta Kumar Baruah and 4 Ors. v. the State of Assam and 12 Ors.

Case brief

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Hemanta Kumar Baruah and 4 Ors. v. the State of Assam and 12 Ors.

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