Petitioners challenging an advertisement fearing removal from CDPO posts. Court held petition fails after respondent produced documents showing posts were exempted from direct recruitment. Writ petition closed.
The writ petition is closed with no order as to cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010041512019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7061/2019
KAMAL KR. SARMA AND 13 ORS. C/O- LT BHARAT CH. DEV SARMA R/O- GAMARIMURI P.S. BELSOR DIST- NALBARI ASSAM PIN- 781306
2: INDRANI BORTHAKUR D/O- SRI SAILENDRA NATH BORTHAKUR R/O- 2 NO. LAKHIMI NAGAR P.O. REGIONAL RESEARCH LABORATORY (NEAR MEGHA RESORT) ASSAM PIN- 785006
3: NILOTPAL DAS BORA R/O- FLAT NO. 385 BLOCK NO. 3 BETKUCHI P.O. LAKHRA DIST- KAMRUP (M) PIN- 781034
4: ANUJ KR. REGON R/O- TAXI ALI MOTHADANG DIST- SIVASAGAR PIN- 785640
5: RUPNATH DAULAGUPU C/O- SRI DURJOY LANGTHASA R/O- DAMADI HARVAR (NEAR VETERINARY OFFICE) P.O. AND P.S. MAIBONG
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PIN- 788831 DIST- DIMA HASAO ASSAM 6: GULSHAN ARA ZANNAT C/O- A.A.HUSSAIN H.NO. 37 L.N.B.ROAD NEAR MASJID SHAH NAGAR HATIGAON GHY 7: SANTONA BARUAH C/O- PRASANTA BORA R/O- NAKARI RAJEN KONWAR PATH WARD NO. 2 P.O. NORTH LAKHIMPUR PIN- 787001 8: PRANJAL BARUAH S/O- SRI KANAK BARUAH R/O- SALANA STATION ROAD P.O. AND P.S. KHETRI DIST- KAMRUP (M) ASSAM PIN- 782403 9: JALAUDDIN AHMED S/O- LT ABDUL AZIZ R/O- SATRAKANARA P.S. BAGBOR DIST- BARPETA ASSAM PIN- 781308 10: LAKHI PRASAD BORA C/O HARA KANTA BORA R/O- JAGIAL BEBEJIA P.O. BALIGAON P.S. RAHA DIST- NAGAON PIN- 782144 11: HEERA KAKOTI W/O- SRI PALASH LOCHAN BORAH
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R/O- COLLEGE NAGAR VIA AMINGAON OPP. NORTH GUWAHATI BLOCK PHC 12: GUNJALATA RAJBONSHI C/O- MINTU DAS R/O- BHETAPARA VIDYAMANDIR PATH P.O. BASISTHA PIN- 781028 13: MANBHALANG SAJEM S/O- SRI J.E.RUPSI P.O. JATINGA TINIALI P.S. HALF LONG DIMA HASAO ASSAM 14: HIREN CH. DAS S/O- LT TARUN CH. DAS R/O- MALABARI P.O. KHETRI DIST- KAMRUP (M) ASSAM PIN- 782403 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE CHIEF SECRETARY GOVT. OF ASSAM DISPUR GHY-6 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPTT. DISPUR GHY-6 3:THE DY. SECRETARY TO GOVT. OF ASSAM SOCIAL WELFARE DEPTT. DISPUR GHY-6 4:THE DIRECTOR SOCIAL WELFARE ASSAM UZANBAZAR GHY-1 5:THE ASSAM PUBLIC SERVICE COMMISSION REP. BY ITS SECY. JAWAHARNAGAR KHANAPARA
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GHY-22
-----------Advocate for : MR. K N CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
BEFORE
THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
order
20.12.2021
Heard Mr. KN Choudhury, learned Senior counsel assisted by Mr. J Patowary, learned counsel for the petitioners. Also heard Mr. D Nath, learned Senior Government Advocate for the respondent Nos. 1 to 4 and Mr. PP Dutta, learned standing counsel, APSC, respondent No. 5.
The petitioners herein, who are working as CDPO in different ICDS projects have challenged the advertisement dated 07.02.2019 on the ground that the petitioners have been working in the post of CDPO after due selection process and since last more than 10 years. The petitioners apprehend that by way of the said selection, the posts, they are holding would be filled up through direct recruitment and that will result in prejudice to the petitioners, which may lead to their removal from services. Eventually, the said advertisement was withdrawn and subsequently advertisement dated 03.08.2019 was issued.
By way of an interim order dated 20.09.2019, this court directed not to fill up 14 nos. of posts of CDPO pursuant to the said advertisement dated 03.08.2019. When the matter was called for today, Mr. Nath submits that the posts that the petitioners are holding are not under the purview of the
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impugned advertisement. Therefore, the petitioners need not be apprehensive of their posts being filled up through the direct recruitment. Accordingly, Mr. Nath produces two instructions dated 24.05.2019 and 20.12.2019 issued by the Deputy Secretary to the Government of Assam addressed to Mr. Nath, which reflects that the Department has already exempted 18 nos. of contractual posts of CDPO from the advertisement issued by APSC for direct recruitment.
In that view of the matter, nothing survives in this writ petition. Accordingly, this writ petition is closed. However, the two communications dated 24.05.2019 and 20.12.2019 are kept on record and marked as Document ‘X’ and Document ‘Y’.
In term of the above, the writ petition is closed, however no order as to cost.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether petitioners holding CDPO posts are covered by the advertisement for direct recruitment and liable to removal.
Whether interim direction to stop filling posts survives against subsequent exemption notifications.
Kamal Kr. Sarma and 13 Ors.
The State of Assam and 4 Ors.
Arun Dev Choudhury
As recorded by the court registry
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