Dismissed

Satabdi Borah v. the State of Assam and 5 Ors.

Gauhati HC1 Jun 2022WP(C)/3415/2022

Case brief

AI extract

What is this about?

, the Assam Movement, the petitioner's father was certified as 'downtrodden' and not a martyr or physically disabled. The court held that Rule 4 of the 1999 Rules applies only to martyrs or physically disabled persons. The petition was dismissed as the 1999 Rules were not applicable to the facts.

What did the court decide?

Writ petition dismissed on the ground that the criteria for preferential appointment under Rule 4 were not met.

Satabdi Borah Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010084442022

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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)/3415/2022

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SATABDI BORAH D/O- MUKUNDA BORA VILL- HALOWAGAON P.O- BORANGATOLI P.S- KHATOWAL DIST- NAGAON, ASSAM PIN-782141

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY. TO THE GOVT. OF ASSAM, FINANCE ( ESTABLISHMENT B), DEPTT., DISPUR, GUWAHATI-6.

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM ASSAM ACCORD IMPLEMENTATION DEPARTMENT DISPUR GUWAHATI-781006

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3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM ASSAM ACCORD IMPLEMENTATION DEPARTMENT DISPUR GUWAHATI-781006

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4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE ( ESTABLISHMENT B) DEPTT. DISPUR GUWAHATI-6.

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Page No.# 2/3

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5:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTABLISHMENT B) DEPARTMENT DISPUR GUWAHATI-781006

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6:THE DEPUTY COMMISSIONER NAGAON DIST- NAGAON PIN-78214

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Advocate for the Petitioner : MD B ISLAM

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Advocate for the Respondent : SC, FINANCE

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-B E F O R E-

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HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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01.06.2022

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Heard Mr. B. Islam, learned counsel for the petitioner, who submits that the petitioner’s father sustained a bullet injury during the Assam Movement and, as such, the petitioner is eligible to be appointed to a Government post in terms of Rule 4 of the Assam Public Services (Preferential Appointment) Rules, 1999 (hereinafter referred to as ‘the 1999 Rules’).

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Mr. C.S. Hazarika, learned counsel for the respondent Nos. 1,2,3 and 6 and Mr. P. Nayak, learned counsel for the respondent Nos.4 and 5 submit that the writ petition should be dismissed, inasmuch as, the certificate issued by the office of the Deputy Commissioner, Nagaon does not state that the petitioner’s father was physically disabled during the Assam Movement.

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On perusing the certificate dated 28.10.2021 issued by the office of the Deputy Commissioner, Nagaon, it is seen that the petitioner’s father is stated to be a downtrodden person and that the petitioner is the daughter of the said downtrodden

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Page No.# 3/3

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person. The provisions of the 1999 Rules do not provide for preferential appointment to the members of the family of a downtrodden person. It only provides for preferential appointment to the members of a family of a martyr or a physically disabled person.

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In view of the fact that the petitioner’s father has been certified to be a downtrodden person, which is not in terms of the 1999 Rules, the 1999 Rules are not applicable to the facts of the present case.

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The writ petition is accordingly dismissed.

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JUDGE

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Comparing Assistant

Satabdi Borah v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Satabdi Borah v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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