Surrendered militants sought government employment after earlier writ petition directions; the State rejected their claim in 2022 and the Single Judge dismissed their fresh petition. The Division Bench found no scheme or policy mandating appointment of surrendered militants and dismissed the intra-Court appeal.
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GAHC010008432024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/32/2024
SAMINDRA NATH KALITA AND 2 ORS. S/O LT. LALIT CH. KALITA, R/O KALMONI, P.O.-MADHUKUCHI, DISTKAMRUP, ASSAM
2: ANIL KALITA S/O LT. DHATURAM KALITA R/O NAKUCHI P.O.-MORANJANA DIST-KAMRUP ASSAM 3: PRABHAT KALITA S/O LT. SABAH RAM KALITA R/O MAIDAMGAON TRIPURA ROAD NO. 3 UDAYAN PATH P.O.-BELTOLA DIST-KAMRUP(M) ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONAL (B) DEPTT. DISPUR GUWAHATI-6
3:THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM FINANCE SIU DEPARTMENT DISPUR GUWAHATI-6
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4:THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM DEPARTMENT OF P.W.D. DISPUR GUWAHATI-
For the appellants : Ms. A. Talukdar,
Ms. J. Deka, Advocates
For the respondents : Mr. D. Nath,
Senior Govt. Advocate, Assam
– B E F O R E –
HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM
07-02-2024
(V. Bishnoi, C.J.)
This intra-Court appeal is filed on behalf of the petitioners being aggrieved with the order dated 06.12.2023 passed by the learned Single Judge whereby the writ petition filed by the appellants has been dismissed.
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aggrieved with the same, the petitioners have preferred the writ petition, being, W.P. (C) 1499/2022 before this Court, which came to be dismissed by the learned Single Judge by the impugned order dated 06.12.2023. Hence, this appeal.
“ 6. It is grievance of the petitioners that the petitioners are entitled for appointment not any other rehabilitation under the scheme, however, the learned counsel for the petitioners has not been able to show any scheme or policy decision of the Government that surrendered militant shall be appointed to Government post.”
Even the counsel for the appellants has failed to satisfy this Court that any scheme or policy of the State Government is in existence wherein it is provided that the surrendered militants shall be provided appointment in the State Government.
5. This intra-Court appeal is, accordingly, dismissed.
JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether surrendered militants are entitled to government employment under any existing scheme or policy of the State of Assam.
Whether further directions were needed given the Single Judge's direction for rehabilitation under the Rehabilitation Scheme.
Samindra Nath Kalita
Anil Kalita
Prabhat Kalita
The State of Assam (Commissioner and Secretary, Home and Political Department)
The Commissioner and Secretary to the Government of Assam, Personal (B) Department
The Commissioner and Secretary to Government of Assam, Finance SIU Department
Vijay Bishnoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
