Disposed

Babita Begum Choudhury v. the State of Assam and 3 Ors.

Gauhati HC20 Mar 2023WP(C)/1041/2023

Case brief

AI extract

What is this about?

This short order addressed a writ petition challenging the departmental reversion of an Assistant Technology Manager to her original posting. The court noted the departmental reason of manpower shortage and directed the authorities to allow the petitioner to join the reverted post while considering her medical fitness for duty assignment.

What did the court decide?

Petitioner directed to join reverted post; state authorities to assign duties considering petitioner's medical condition supported by authentic documents.

Babita Begum Choudhury Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010041122023

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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)/1041/2023

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BABITA BEGUM CHOUDHURY

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D/O MD. TAIZUDDIN ALI ASSISTANT TECHNOLOGY MANAGER (ATM) ATTACHED TO THE O/O THE DIRECTOR STATE AGRICULTURAL MANAGEMENT AND EXTENSION MANAGEMENT TRAINING INSTITUTE(SAMETI) ASSAM KHANAPARA GUWAHATI 781022

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSA DEPTT. OF AGRICULTURAL DEPTT. DISPUR GUWAHATI KAMRUP (M) ASSA PIN 781006

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2:THE AGRICULTURAL PRODUCTION COMMISSIONER (APC) DISPUR GUWAHATI 781006 ASSAM

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3:THE DIRECTOR OF AGRICULTURE CUM STATE NODAL OFFICER CENTRALLY SPONSORED SCHEME AGRICULTURE TECHNOLOGY MANAGEMENT AGENCY ASSAM KHANAPARA GUWAHATI PIN 781022

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4:THE DIRECTOR

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STATE AGRICULTURAL MANAGEMENT AND EXTENSION TRAINING INSTITUTE (SAMETI) ASSAM KHANAPARA GUWAHATI 78102

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Advocate for the Petitioner : MR. A AHMED

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Advocate for the Respondent : SC. AGRI. DEPTT.

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

20.03.2023

Heard Ms. D. Goswami, learned counsel for the petitioner.

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Perused the order dated 27.02.2023 by means of which the learned counsel for the respondent Nos.1 to 4, viz., Ms. G. Borah was directed to obtain instruction as to whether the petitioner’s representation has been considered and disposed of. Accordingly, Ms. Borah has produced a copy of the communication dated 18.03.2023 issued by the Director of Agriculture, Assam disposing of the representation filed by the petitioner. A perusal of the

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communication dated 18.03.2023 discloses the reason as to why the petitioner was reverted back to her original place of posting at the office of the District Agricultural Officer, Kamrup, Ulubari. It appears that due to shortage of manpower the aforesaid recourse had to be taken by the departmental authorities. If that be so, no fault can be found with the impugned order of reversion dated 15.02.2023.

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At this stage, Ms. Goswami, learned counsel for the petitioner submits that her client will join at the reverted post without delay but while assigning duty the authorities may keep in mind the medical condition of the petitioner, who has suffered head injury due to an accident she had met with.

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In view of the submission made at the bar, this writ petition is hereby disposed of by providing that the petitioner would join back in her place of posting as per the impugned order dated 15.02.2023. However, while assigning duties to the petitioner, the authorities may take into account her medical conditions

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demonstrated from authentic medical documents to be produced by her and decide the nature of work, she would be in a position to undertake.

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Page No.# 3/3

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With the above observation, this writ petition stands closed.

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JUDGE

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Comparing Assistant

Babita Begum Choudhury v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Babita Begum Choudhury v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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