Dismissed

Khagen Deka and 8 Ors. v. the State of Assam and 4 Ors.

Gauhati HC14 Jul 2024I.A.(Civil)/561/2020

Case brief

AI extract

What is this about?

Applicants sought declaration of recruitment results and a stay on short-listing via an interlocutory application filed in an already disposed of writ petition concerning selection to posts of Office-cum-Field Assistant, Shayak and Mali. The court held the application was not maintainable in a disposed of writ petition with independent reliefs and dismissed it.

What the court decided

AI extract

Khagen Deka and 8 Ors. Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010040612020

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

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Case No. : I.A.(Civil)/561/2020 in WP(C)/2529/2019 (D/O)

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KHAGEN DEKA AND 8 ORS.

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S/O LATE GAJEN DEKA, R/O VILL. MADHUPUR, NORTH GUWAHATI, P.O. COLLEGE NAGAR, DIST. KAMRUP (R), PIN 781031, ASSAM.

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2: GANESH THAKURIA S/O- SRI PARESH THAKURIA R/O- VILL- AND P.O- DADARA DIST- KAMRUP PIN- 781104 ASSAM

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3: NITUMONI KALITA S/O- SRI KHONINDRA KALITA R/O- VILL- SONARIPARA SUALKUCHI DIST- KAMRUP PIN- 781103 ASSAM

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4: KUMUD DAS S/O- LATE GIRIDHAR DAS R/O- VILL AND P.O- DORAKAHARA DIST- KAMRUP PIN- 781101 ASSAM

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5: BHUPEN CHOUDHURY S/O- LATE RATNA PR. CHOUDHURY R/O- VILL- BAUSHI ORGAL P.O- TETELIA DIST- KAMRUP PIN- 781104

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Page No.# 2/4

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ASSAM

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6: GIRINDRA NATH S/O- LATE KAMALA KANTA NATH R/O- VILL- ABHOYPUR P.O- COLLEGE NAGAR DIST- KAMRUP PIN- 781031 ASSAM 7: REKIBUDDIN AHMED S/O- ALI HUSSAIN R/O- VILL- SATGAON P.O- BARBAKA DIST- KAMRUP PIN- 781030 ASSAM

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8: RABIN DAS S/O- SRI KANTA DAS R/O- VILL AND P.O- DADARA DIS- KAMRUP PIN- 781104 ASSAM 9: DEBABRAT DAS S/O- LATE HEMANTA DAS R/O- VILL AND P.O- DADARA P.S- HAJO DIST- KAMRUP PIN- 781104 ASSA

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO DEPTT. OF POWER , DISPUR, GUWAHATI 781006

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2:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED BIJULI BHAWAN PALTAN BAZAR GHY- 01 3:THE ASSAM STATE ELECTRICITY GRID CORPORATION LIMITED BIJULI BHAWAN PALTAN BAZAR GHY- 01

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Page No.# 3/4

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4:THE APDCL BIJULI BHAWAN PALTAN BAZAR GHY- 01 5:THE CHIEF GM (HRA) APDCL BIJULI BHAWAN PALTAN BAZAR GHY- 0

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Advocate for the Petitioner : MR. A GANGULY

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Advocate for the Respondent : SC, APDCL

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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15.07.2024.

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Heard Shri A Ganguli, learned counsel for the applicants. Also heard Shri W Ahmed, learned counsel representing the APDCL.

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The instant application has been filed in a disposed of writ petition for declaration of result in respect of the posts of Office-cum- Field Assistant, Shayak and Mali.

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Shri Ganguli, learned counsel for the applicants has submitted that a number of writ petitions, including WP(C)/2529/2019 were disposed of vide a common judgment and order dated 27.08.2019 whereby certain directions were made for examining the candidatures of the applicants-petitioners.

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In the instant interlocutory application, a prayer has been made for declaration of results and also to stay further actions of short listing of candidates for recruitment.

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Whether an interlocutory application would be maintainable on a disposed of matter, that too, wherein independent reliefs are sought for is itself questionable. Further, it is seen that the relief sought for pertain to a period of the year 2019-2020.

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Page No.# 4/4

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The applicants also admittedly did not avail any other recourse available in law.

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Accordingly, this Court is of the considered opinion that the grievance sought to be espoused by filing an interlocutory application in a disposed of writ petition, more particularly, the nature of the relief claimed, the instant interlocutory application is not maintainable.

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The interlocutory application, accordingly stands dismissed.

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JUDGE

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Comparing Assistant

Khagen Deka and 8 Ors. v. the State of Assam and 4 Ors.

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Khagen Deka and 8 Ors. v. the State of Assam and 4 Ors.

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