Disposed

Ashok Kr. Dev Choudhury and 3 Ors. v. the State of Assam and 6 Ors.

Gauhati HC12 Feb 2024WP(C)/4942/2020

Case brief

AI extract

What is this about?

Writ petition challenging a 2020 Assam government notification fixing inter-se seniority of Forest Rangers per APSC merit list. The State informed the Court that the notification was kept in abeyance pending finalisation of draft Service Rules. With parties' consent, the petition was disposed of as infructuous, with liberty to approach again on fresh cause of action.

What the court decided

AI extract

Ashok Kr. Dev Choudhury and 3 Ors. Vs the State of… — Service and Employment | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010132372013

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

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Case : WP(C)/4942/2020

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ASHOK KR. DEV CHOUDHURY AND 3 ORS. S/O- LATE BHABESH CHANDRA DEV CHOUDHURY ASSISTANT CONSERVATOR OF FORESTS MANGALDOI WILDLIFE DIVISION MANGALDOI ASSAM.

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2: DIBAKOR DAS S/O- LATE DR. NIKUNJA BEHARI DAS ASSISTANT CONSERVATOR OF FORESTS DHANSIRI FOREST DIVISION UDALGURI.

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3: MUSTAFA ALI AHMED S/O- LATE PHUKAN ALI ASSISTANT CONSERVATOR OF FOREST O/O. THE DFO GUWAHATI SF DIVISION BASISTHA GUWAHATI-781029 ASSAM.

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4: KANAK BAISHYA S/O- LATE UTCHAB BAISHYA ASSISTANT CONSERVATOR OF FORESTS O/O. THE DFO KAMRUP EAST DIVISION BASISTHA GUWAHATI ASSAM. VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI-781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM PERSONAL (B) DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI- 781006. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HOF ASSAM PANJABARI GUWAHATI- 781037. 5:THE SECRETARY ASSAM PUBLIC SERVICE COMMISSION KHANAPARA JAWAHARNAGAR GUWAHATI- 781022. 6:KUSHAL KOWAR DEKA S/O- LATE LOKNATH DEKA ZOO ROAD NARENGI ROAD NO. 2 MATGHARIA P.O. AND P.S. NOONMATI PIN- 781020 DIST.- KAMRUP(M) ASSAM. 7:SAHADAT ALI S/O- LATE MAHIM UDDIN AHMED 29 LNB PATH HATIGAON P.O. AND P.S. HATIGAON PIN- 781038 DIST.- KAMRUP(M) ASSAM -----------Advocate for : MR. K N CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS.

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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Page No.# 3/4

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ORDER

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Date : 13-02-2024

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Heard Mr. K.N. Choudhury, learned Sr. counsel assisted by Ms. R. Kakati, learned counsel for the writ petitioners. Also heard Mr. D. Gogoi, learned standing counsel, Forest Department, Assam as well as Ms. P. Sarma, learned standing counsel, APSC. Mr. M. Sarma, learned counsel has appeared for the private respondents.

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The challenge in this writ petition is to the notification dated 11-02-2020 issued by the Commissioner & Secretary to the Govt. of Assam, Environment & Forest Department, Assam whereby, it was notified that the inter-se seniority position of the Forest Rangers appointed as per merit list of APSC shall be fixed in order of preference indicated in the merit list of the APSC. According to the petitioners, the notification runs counter to the prevailing practise in the department wherein, inter-se seniority of Forest Rangers is always fixed as per the merit position of the candidates secured on completion of training programme in the Forest College.

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Today when the matter is called up, Mr. D. Gogoi, learned standing counsel, Forest Department, Assam has produced a copy of the notification dated 07-11-2020 to submit that pending finalisation of the draft Service Rules, the impugned notification dated 1102-2020 has been kept in abeyance until further order. If that be so, nothing survives for adjudication in the present writ petition at this point of time.

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As such, with the consent of the learned counsel for all the parties, this writ petition stands disposed of as infructuous.

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The petitioners would, however, be at liberty to approach this Court once again as

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and when, a fresh cause of action arises in this regard.

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Copy of the notification dated 07-11-2020 be retained in the record of this case.

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JUDGE

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Comparing Assistant

Ashok Kr. Dev Choudhury and 3 Ors. v. the State of Assam and 6 Ors.

Case brief

What is this about?

What the court decided

Ashok Kr. Dev Choudhury and 3 Ors. v. the State of Assam and 6 Ors.

Case brief

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What the court decided

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