Petitioner prayed to withdraw the writ petition with liberty to file afresh due to error in recording father's name regarding preferential appointment claim as family member of a martyr.
Petitioner allowed to withdraw the writ petition with liberty to file afresh.
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GAHC010036932022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1465/2022
DEBASISH DAS
S/O SRI DURENDRA NATH DAS, P/R/A RUKMINIGAON, BISHNUPATH, GUWAHTI-22, P.O.-KHANAPARA, DIST- KAMRUP(M), ASSAM, P/R/O STATION ROAD, WARD NO. 4, UDALGURI, P.O., P.S. AND DIST- UDALGURI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECRETARIAT ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-
Advocate for the Petitioner : MR. S BORA
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 14-03-2022
Heard Mr. S. Bora, learned counsel for the petitioner as well as Mr. J.K. Goswami, learned counsel for the respondent No. 1.
Mr. S. Bora, learned counsel for the petitioner prays that he may be allowed to withdraw the writ petition, with liberty to file afresh, as the name of the petitioner’s father has been wrongly recorded.
This Court had passed the following Order dated 04.03.2022, which is as follows:-
“Mr. T. Chhetri, learned counsel prays for adjournment on behalf of Mr. A. Ganguly, learned counsel for the petitioner on the ground that his mother is having some medical problem.
Ms. A. Talukdar, learned counsel appears for the respondent No. 1.
The petitioner’s case is that he belongs to a Martyr family and accordingly, he is to be given preference for appointment to a post, in terms of the Assam Public Service (Preferential Appointment) Rule 1999, herein after referred to as the ‘1999 Rules’.
Rule 2 (c) of the 1999 Rules give the definition of a Martyr and Rule 2 (d) gives the definition of the member of the family. 2 (c) & 2 (d) of the 1999 Rules are reproduced below:-
“2. (c) “Martyr” means person who was killed in the connection within his participation in the Assam movement on the problem of foreigners.
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(d) “Member of the family” means a son or daughter of the spouse or a brother or sister of the martyr or the physically disabled person.”
The writ petitioner has nowhere stated in his pleadings as to who is the Martyr and his relationship with the said Martyr. In Annexure 8 of the writ petition, there is a letter dated 10.01.2022 written by the petitioner to the Chief Minister, Assam stating that he is the family member of Munin Das, who was a Martyr of the Assam Agitation.
The affidavit shows that the petitioner is the son of one Sh. Durendra Nath Das. There is nothing in the writ petition stating as to how the said Munin Das expired and the date on which he expired. Also, the relationship between the petitioner and Munin Das is also not spelt out.
The above queries will have to be answered by the petitioner’s counsel on the next date.
List the matter again on 14.03.2022.”
Be that as it may, as the petitioner has made a prayer for allowing him to withdraw the writ petition, with liberty to file afresh, the said prayer is allowed.
The writ petition is accordingly dismissed as withdrawn, with liberty as prayed for.
JUDGE
Comparing Assistant
DEBASISH DAS
THE STATE OF ASSAM
MICHAEL ZOTHANKHUMA
As recorded by the court registry
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