Disposed

Dhananjay Das and 9 Ors. v. the Union of India and 5 Ors.

Gauhati HC1 Aug 2024WP(C)/3780/2023

Case brief

AI extract

What is this about?

The High Court held the writ petition not maintainable as the petitioners had approached the Central Administrative Tribunal. The Court directed the parties to pursue the matter before the CAT, subject to limitation, and disposed of the writ petition.

What did the court decide?

Writ petition disposed of with direction to institute proceedings before Central Administrative Tribunal subject to limitation.

Dhananjay Das and 9 Ors. Vs the Union of India and… — Writ and Judicial Review | Gauhati HC (2024)

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GAHC010141612023

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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)/3780/2023

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DHANANJAY DAS AND 9 ORS

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S/O LATE GIRINDRA NATH DAS, R/O BILORTARI HATI, P.O.-BARPETA, DIST-BARPETA, ASSAM

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2: MD. SIFUL HUSSAIN S/O LATE SAHER ALI R/O VILL-MEDA P.O.-CHAKCHAKA BAZAR DIST-BARPETA ASSAM

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3: MD. IDRISH ALI S/O LATE MONTAZ ALI R/O VILL- RANGMAHAL P.O.-RANGMAHAL DIST- KAMRUP ASSAM

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4: MD. RABITUL HAQUE S/O LATE SARUDHAN ALI R/O VILL-RANGMAHAL P.O.-RANGMAHAL DIST-KAMRUP ASSAM

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5: MICHEL TIMUNG S/O SRI ATHRI TIMUNG R/O VIP ROAD CHACHAL SIX MILE KHANAPARA P.O.-DISPUR DIST-KAMRUP (M) ASSAM

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Page No.# 2/4

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6: DINESH CH. DAS S/O SRI MOTIRAM DAS R/O VILL-MAYDHAM KHANDA P.O.-MAYDHAM KHANDA DIST-KAMRUP ASSAM

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7: MRS. CHINU SAIKIA W/O LATE KHAGENDRA SAIKIA R/O DEBANANDA SATRA P.O.-HAZARIKA PARA SIPAJHAR DIST-DARRANG ASSAM

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8: GAJEN DEKA S/O LATE ARABINDA DEKA VILL- BAR HAZARA P.O.-BHOMOLAHATI DIST-KAMRUP ASSAM

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9: SMT. ANIMA CHOUDHURY W/O LATE BINOD CHOUDHURY VILL-GANESH NAGAR P.O.-BASISTHA DIST-KAMRUP (M) ASSAM

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10: LAKHYADHAR BORAH S/O LATE UPEN BORAH VILL-VIHALANGANI P.O.-RANGMAHAL DIST-KAMRUP ASSA

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VERSUS

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THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF WATER RESOURCES, NEW DELHI-110003

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2:THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI-781029 DIST-KAMRUP (M)

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ASSAM

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3:DEPUTY SECRETARY BRAHMAPUTRA BOARD BASISTHA GUWAHATI-781029 4:THE GENERAL MANAGER BRAHMAPUTRA BOARD BASISTHA GUWAHATI-781029 5:THE CHIEF ENGINEER (I AND W) BRAHMAPUTRA BOARD BASISTHA GUWAHATI-781029 6:THE DIRECTOR NORTH EAST HYDRAULIC AND ALLIED RESEARCH INSTITUTE BRAHMAPUTRA BOARD RUDRESWAR ASSAM PIN-78103

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Advocate for the Petitioner : MR. N K KALITA,

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Advocate for the Respondent : DY.S.G.I., MR. R K D CHOUDHURY (r-1 to 6)

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 02.08.2024

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Mr. RKD Choudhury, learned Deputy SGI appearing for the respondents at the outset has raised a preliminary objection to the effect that the grievance as raised by the petitioners in the present proceeding pertains to a recruitment to a regular vacant post in the Brahmaputra Board and accordingly, the same at the first instance so agitated before the Central Administrative Tribunal (CAT), Guwahati Bench.

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Page No.# 4/4

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On perusal of the materials brought on record, it is seen that the petitioners had on two occasions approached the CAT and in terms of the direction passed by the CAT, Guwahati Bench, the respondent authorities have also disposed of the representation submitted by the petitioners in the matter vide an office order dated 15.05.2012. Accordingly, the present proceeding before this Court would not be maintainable.

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The petitioners herein are at liberty to institute appropriate proceeding in the matter before the CAT, Guwhati Bench subject to the provision of limitation which would be so considered by the learned CAT, Guwahati Bench, Guwahati, on an approach, if so made by the petitioners herein.

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With the above observation and direction, the writ petition stands disposed

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of.

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JUDGE

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Comparing Assistant

Dhananjay Das and 9 Ors. v. the Union of India and 5 Ors.

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Dhananjay Das and 9 Ors. v. the Union of India and 5 Ors.

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