Disposed

Pankaj Choudhury and 5 Ors. v. the State of Assam and 4 Ors.

Gauhati HC12 Mar 2024WP(C)/1412/2024

Case brief

AI extract

What is this about?

Trained Home Guard volunteers sought inclusion in the essential list of Home Guards of Nalbari district. The court noted their representation had been made to the wrong authority, directed a fresh representation to the Director General of Civil Defence and Commandant General of Home Guards, Assam, who must decide it by a speaking order within two months. Petition disposed.

What the court decided

AI extract

Pankaj Choudhury and 5 Ors. Vs the State of Assam and… — Service and Employment | Gauhati HC (2024)

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GAHC010041992024

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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)/1412/2024

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PANKAJ CHOUDHURY AND 5 ORS

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S/O- LATE MAHESWAR CHOUDHURY, R/O- VILL AND P.O. BAHJANI, P.S. AND DIST.- NALBARI, ASSAM, PIN- 781334

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2: NURUL HAQUE S/O- LATE MATLEB ALI R/O- VILL- PASCHIM KHATAR KALAKUCHI P.O. DEHAR KALAKUCHI P.S. MUKALMUA DIST.- NALBARI ASSAM PIN- 781310

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3: JOYNAL ABEDIN S/O- LATE ABDUL KADER R/O- VILL- KAPLABARI NO.1 P.O. KAPLABARI P.S. MUKALMUA DIST.- NALBARI ASSAM PIN- 781138

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4: DIGANTA RAJBONGSHI S/O- NARESWAR RAJBONGSHI R/O- VIL AND P.O. NIJ PAKOWA P.S. BELSOR DIST.- NALBARI ASSAM PIN- 781353

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5: AINUL AHMED S/O- MD. HASEN ALI R/O- VILL AND P.O. BURINAGAR P.S. AND DIST.- NALBARI

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ASSAM PIN- 781341 6: RITUMANI BAISHYA S/O- TARUN BAISHYA R/O- VILL- NIZ PAKOWA P.O. PAKOWA P.S. BELSOR DIST.- NALBARI ASSAM PIN- 78135 VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HOME, DISPUR, GUWAHATI06 2:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATI ROAD ULUBARI GUWAHATI-07 3:THE DIRECTOR GENERAL OF CIVIL DEFENCE AND COMMANDANT GENERAL OF HOME GUARDS ASSAM BELTOLA GUWAHATI-28 4:THE DISTRICT COMMANDANT OF HOME GUARDS OF NALBARI ASSAM PIN- 781335 5:THE SUPERINTENDENT OF POLICE DISTRICT- NALBARI ASSAM PIN- 78133

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Advocate for the Petitioner : MR. R Deka

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R

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13.03.2024

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Heard Mr. S.I. Akand, learned counsel for the petitioner. Also heard Mrs. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for all the respondents.

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2. The petitioners are trained Home Guard volunteers and they were performing duties under the District Police Administration, Nalbari, Assam. The respondents issued a list of essential Home Guards of Nalbari district consisting of 172 Homeguards.

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3. The grievance of the petitioners is that as they are trained Home Guard volunteers, there names should also be enlisted in the said essential list of Home Guards of Nalbari district. To that effect, the petitioners made a representation dated 27.12.2023 addressed to the Director General of Police, Ulubari, Assam. A reminder was also issued on 02.01.2024 before the Director General and Commandant General, Home Guards, Assam.

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4. A perusal of the representation dated 27.12.2023 and the reminder dated 02.01.2024 indicates that the representation as well as the reminder has been made to the wrong authority.

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5. Accordingly, the petitioners are directed to file a fresh representation before the respondent No.3/Director General of Civil Defence and Commandant General of Home Guards, Assam, Beltola within a period of two weeks from today. Thereafter, on receipt of the representation, the respondent No.3 shall consider and dispose of

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the same by a speaking order and in accordance with law within a period of two months from the date of receipt of the representation to be made by the petitioners.

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6. With the above observations and directions, this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Pankaj Choudhury and 5 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What the court decided

Pankaj Choudhury and 5 Ors. v. the State of Assam and 4 Ors.

Case brief

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What the court decided

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