Disposed

Nandeswar Das v. the State of Assam and 4 Ors.

Gauhati HC17 Sept 2024WP(C)/4373/2023

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of multiple writ petitions filed by Statistical Officers of the Agriculture Department seeking arrears of salary for their promotional posts. The court held the petitions were infructuous because the order barring the promotion was vacated due to the withdrawal of the challenge petition filed by the opposing respondents.

What did the court decide?

The writ petitions were disposed of as infructuous without adjudication.

Nandeswar Das Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2024)

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GAHC010156452023

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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)/4373/2023

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NANDESWAR DAS

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S/O- LATE DHANI RAM DAS, R/O- NO. BILATIA, DHING, NAGAON, DIST. NAGAON, P.O. DHING, ASSAM, PIN- 782123.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF AGRICULTURE, DISPUR, GUWAHATI-781006.

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2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI-781006.

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4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-781022.

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5:THE ACCOUNTANT GENERAL (A AND E)

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BELTOLA MAIDAMGAON GUWAHATI-781029.

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6:MAINUL HOQUE CHOUDHURY

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AGED ABOUT 53 YEARS S/O ABDUL HAMID

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S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5.

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7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSA

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Advocate for the Petitioner : MR. R MAZUMDAR, MRS P RAI,MR H BEZBARUA,MR. R DEKA,MS T SARMAH

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Advocate for the Respondent : SC. AGRICULTURE, MS N SHYAM,MR. D SARMAH (R-6 & R- 7)),SC, AG,SC, FINANCE DEPTT.

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Linked Case : WP(C)/4304/2023

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MOHAN CH GOGOI S/O- LT. GOLUK CH. GOGOI

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CHINATOLIA GAON KHELMATI

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LAKHIMPUR P.O.- KHELMATI

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DIST.- LAKHIMPUR ASSAM

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PIN- 787031.

VERSUS

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI- 781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI- 781022. 5:THE ACCOUNTANT GENERAL ( A AND E) ASSAM BELTOLA MAIDAMGAON GUWAHATI- 781029. 6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5.

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7:SRI DHRUBAJYOTI SAIKIA

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Page No.# 4/19

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AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM

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-----------Advocate for : MR. R MAZUMDAR Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS

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Linked Case : WP(C)/4161/2023

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RANJIT KUMAR HALOI S/O- LT. AMRIT CH. HALOI

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BIHAMPUR NALBARI

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P.O.- BIHAMPUR DIST.- NALBARI (M)

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ASSAM. PIN

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM

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DEPARTMENT OF AGRICULTURE

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DISPUR GUWAHATI- 781006.

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2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006.

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3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM AGRICULTURE DEPARTMENT DISPUR

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Page No.# 5/19

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GUWAHATI- 781006. 4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI- 781022. 5:THE ACCOUNTANT GENERAL (A AND E) BELTOLA GUWAHATI- 781029. 6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5. 7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM -----------Advocate for : MR. R MAZUMDAR Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS

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Linked Case : WP(C)/4143/2023

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GAUTAM PATOWARY S/O- LT. SIBCHAREN PATOWARI FATASIL AMBARI KUMUD GOGOI PATH GUWAHATI DIST.- KAMRUP (M)

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ASSAM PIN- 781025 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI- 781006 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI- 7810066 4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI- 781022 5:THE ACCOUNTANT GENERAL (A AND E) BELTOLA MAIDAMGAON GUWAHATI- 781029 6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5. 7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50

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Page No.# 7/19

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ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM -----------Advocate for : MR. R MAZUMDAR Advocate for : SC AG appearing for THE STATE OF ASSAM AND 4 ORS

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Linked Case : WP(C)/4146/2023 SARBANANDA INJAL S/O- LATE DAMBARU DHAR INJAL DAKHIN GAON KAHILIPARA GUWAHATI-19 P.O- KAHILIPARA DIST- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI-6. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI-6. 4:THE DIRECTOR OF AGRICULTURE

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ASSAM KHANAPARA GUWAHATI-22. 5:THE ACCOUNTANT GENERAL (A AND E) BELTOLA MAIDAMGAON GUWAHATI-29. 6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5. 7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM -----------Advocate for : MR. R MAZUMDAR Advocate for : SC AG (A AND E) appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/4140/2023 PRANJAL GOSWAMI S/O- LATE JADAB CHANDRA GOSWAMI ULUBARI GUWAHATI P.O- ULUBARI P.S- PALTANBAZAR DIST- KAMRUP (M)

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ASSAM

VERSUS

ASSAM KHANAPARA GUWAHATI-22. 5:THE ACCOUNTANT GENERAL (A AND E)

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BELTOLA MAIDAMGAON GUWAHATI-29. 6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5.

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7:SRI DHRUBAJYOTI SAIKIA

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AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM -----------Advocate for : MR. R MAZUMDAR Advocate for : SC AG appearing for THE STATE OF ASSAM AND 4 ORS

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Linked Case : WP(C)/4136/2023

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PRBAN CHANDRA SAHARIA S/O- LATE PHUKAN CH. SAHARIA R/O- PRAFULLA NAGAR MANGALDOI P.O. AND P.S. MANGALDOI DIST. DARRANG ASSAM

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VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI-6. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI-6. 4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA

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GUWAHATI-22. 5:THE ACCOUNTANT GENERAL (A AND E) BELTOLA MAIDAMGAON GUWAHATI-29. 6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5. 7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM -----------Advocate for : MR. R MAZUMDAR Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS

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Linked Case : WP(C)/4286/2023 MACHAN CHANDRA RABHA S/O- LATE SABAT CHANDRA RABHA VILL.- DOLGOAN P.O. DEBITOLA P.S. KAZIGOAN DIST. KOKRAJHAR ASSAM

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Page No.# 12/19

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF AGRICULTURE DISPUR GUWAHATI-6. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI-6. 4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-22. 5:THE ACCOUNTANT GENERAL (A AND E) BELTOLA MAIDAMGAON GUWAHATI-29. 6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5. 7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA

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Page No.# 13/19

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GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM

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-----------Advocate for : MR. R MAZUMDAR Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS

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Linked Case : WP(C)/4085/2023

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AJIT KR. DAS S/O- GAJENDRA NATH KALAYAHATI SUNDARIYA BARPETA ASSAM PIN-781301

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPTT. DISPUR GUWAHATI-06. 2:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06. 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPTT. DISPUR GUWAHATI-06. 4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GHY-22 5:THE ACCOUNTANT GENERAL (A AND E) BELTOLA MAIDAMGAON

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Page No.# 14/19

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GUWAHATI-29

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6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID

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R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5. 7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM -----------Advocate for : MR. R MAZUMDAR Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS

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Linked Case : WP(C)/4148/2023

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MANGAL SING RANGPHAR S/O- LATE ROBI SING RONGPHAR

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VILL- RONGMILI DIPHU DIST- KARBI ANGLONG ASSAM PIN-782460 VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF AGRICULTURE

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DISPUR

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GUWAHATI-6. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI-6. 4:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-22. 5:THE ACCOUNTANT GENERAL (A AND E) BELTOLA MAIDAMGAON GUWAHATI-29. 6:MAINUL HOQUE CHOUDHURY AGED ABOUT 53 YEARS S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5. 7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM -----------Advocate for : MR. R MAZUMDAR

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Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS

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Linked Case : WP(C)/4088/2023

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ANJAN KUMAR DAS S/O- LATE CHENI RAM DAS GHORPORA CHUBURI TEZPUR P.O- TEZPUR DIST- SONITPUR ASSAM PIN-784001

VERSUS

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AGED ABOUT 53 YEARS

S/O ABDUL HAMID R/O R.G.B. ROAD NEAR HOTEL D COURT YARD LAKHI NAGAR 2ND BYE LANE HOUSE NO. 3 P.O. AND P.S.- DISPUR GUWAHATI-5.

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7:SRI DHRUBAJYOTI SAIKIA AGED ABOUT 55 YEARS S/O LATE MAHENDRA NATH SAIKIA

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R/O- HOUSE NO. 50 ANANDA NAGAR SIXMILE KHANAPARA GUWAHATI-22 IN THE DISTRICT OF KAMRUP (M) ASSAM -----------Advocate for : MR. R MAZUMDAR Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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18.09.2024

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Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Ms. R. Borah, learned Standing Counsel, Agriculture Department, Mr. D. Sharma, learned counsel for the respondent Nos. 6 & 7, Mr. A. Chaliha, learned Standing Counsel, Finance Department, Mr. S.K. Medhi, Mr. B. Sharma, Mr. D. Bhattacharjee, Mr. B. Chakraborty, Mr. R. Boro, Mr. R.K. Talukdar, learned Standing Counsels, AG and Mr. R. Dhar, learned Standing Counsel, WPT & BC.

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In these petitions filed under Article 226 of the Constitution of India, the petitioners are seeking release of the arrear salaries corresponding to the post of Statistical Officer, Agriculture Department, i.e., scale of Pay Band-3 of Rs. 22,000-87,000 plus grade pay of Rs. 11,500 per month plus other allowances as admissible under the Rules w.e.f. the date of joining, when they joined in the said posts at respective places in pursuance to the Order dated 19.09.2020 forthwith.

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It is submitted at the bar that the promotion of the petitioners were put to challenge in WP(C) No. 4373/2020 by the two persons, i.e., Mainul Hoque Choudhury and Dhrubajyoti Saikia, wherein this Court by Order dated 21.10.2020 while issuing notice was pleased to direct that any promotion made in favour of the respondents (petitioner herein) shall be subject to the result of the said writ petition. Pursuant to the said order passed by this Court, the salaries in the promotional posts was not released to the petitioners.

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Today, when the matter was listed for hearing alongwith WP(C) No. 4373/2020, the learned counsel appearing in WP(C) No. 4373/2020 submitted that he has received instructions from his client not to press the said writ petition and accordingly, this Court by Order dated 18.09.2024 was pleased to dismiss the said writ petition, i.e., WP(C) No. 4373/2020 on withdrawal.

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Situated thus, the observation made in the Order dated 21.10.2020 also automatically stands vacated.

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In view of the above, there is no bar for releasing the salaries and consequential promotional benefits to the petitioners in the promotional posts in

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accordance with law.

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As such, nothing survives for adjudication in the present writ petitions.

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Accordingly, these writ petitions stands disposed of, as being infructuous.

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JUDGE

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Comparing Assistant

Nandeswar Das v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Nandeswar Das v. the State of Assam and 4 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

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