Disposed

Dolee Deka v. the State of Assam and 2 Ors.

Gauhati HC11 Dec 2023WP(C)/5647/2023

Case brief

AI extract

What is this about?

The High Court directed the Government of Assam to complete the verification of the petitioner's EWS certificate within four weeks to enable her to participate in the appointment ceremony and join training, dismissing reliance on the APSC as having no role.

What did the court decide?

Verification of petitioner's EWS certificate to be completed within four weeks from today to enable her to join training and proceed with appointment.

Dolee Deka Vs the State of Assam and 2 Ors. — Pension and Retirement Benefits | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010208762023

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/5647/2023

¶5

DOLEE DEKA

¶6

D/O MOHAN CHANDRA DEKA, R/O TITKURI, RANGIA, DIST-KAMRUP (R), PIN-781354

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 2 ORS

¶9

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PERSONNEL (A) DEPARTMENT, DISPUR, GUWAHATI-06

¶10

2:JOINT SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (A) DEPARTMENT DISPUR GUWAHATI-06

¶11

3:ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN JAWAHAR NAGAR GUWAHATI-78102

¶12

Advocate for the Petitioner : MR. U K NAIR

¶13

Advocate for the Respondent : GA, ASSAM

¶14

BEFORE

¶15

HONOURABLE MR. JUSTICE SUMAN SHYAM

¶16

ORDER

¶17

Date : 11/12/2023

¶18

Page No.# 2/3

¶19

Heard Ms. S. Sarma Hazarika, learned counsel for the writ petitioner. Also heard Mr. D. Bora, learned Government Advocate, Assam, appearing for the State. Mr. T. J. Mahanta learned senior counsel assisted by Ms. P. Sarma, learned counsel is present on behalf of the APSC authorities.

¶20

The writ petitioner herein had participated in the CCE 2020 for selection and appointment in the Assam Civil Service (ACS) (Junior Grade) and was eventually selected as a candidate belonging to the Economically Weaker Section (EWS). However, prior to issuance of the order of appointment, the Secretary to the Government of Assam, Personal (A) Department, had issued the impugned order dated 28/10/2022, directing the petitioner not to take part in the ceremony for distribution of appointment letters to the successful candidates of CCE 2020, to be held at the Srimanta Shankardev Kalakhetra, Punjabari, Guwahati on 29/10/2022, on the ground that her EWS certificate was still under verification. Aggrieved thereby, the instant writ petition has been filed.

¶21

Ms. S. Sarma Hazarika submits that till today, the respondents have not intimated the petitioner as to the outcome of the process of verification thus, keeping her fate hanging in balance. According to the petitioner’s counsel, one session of the induction training for ACS (Junior Grade) is already over and the next session is slated to being in the month of February, 2024. Therefore, if there is further delay in the process of verification, the same may cause serious prejudice to the interest of the petitioner.

¶22

Mr. D. Bora, learned Government Advocate, Assam, submits that the process of verification will be completed within four weeks.

¶23

Mr. Mahanta, learned senior counsel appearing for the APSC submits that his clients do

¶24

Page No.# 3/3

¶25

not have any role to play in the matter.

¶26

Taking note of the submission of learned counsel for both the sides, this writ petition is being disposed of by providing that the process of verification of EWS certificate of the petitioner be carried out and completed, if not already done, within a period of four weeks from today, so as to enable her to take further measures in this case for protection of her interest, as may be deemed necessary.

¶27

A certified copy of this order be produced by the petitioner before the concerned authorities so as to do the needful.

¶28

Writ petition stands disposed of accordingly.

¶29

JUDGE

¶30

sukhamay

¶31

Comparing Assistant

Dolee Deka v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Dolee Deka v. the State of Assam and 2 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

Similar cases

Premier Cryogenics Ltd. and Anr. Vs the State of Assam and 5 Ors.

Samiul Al Siddique @ Samiul Ali Siddique Vs Rakesh Raushan, IPS and Anr.

Dr. Arup Jyoti Bhuyan Vs Manish Thakur and 4 Ors.

Dipak Hazarika Vs the State of Assam and 3 Ors.

Xxx Vs in Re - Kujendra Doley

Jahangir Alom and 3 Ors. Vs the State of Assam and 5 Ors.