GAHC010033902018

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

Case No. : WP(C) 1006/2018

1:DILIP BORA DEPUTY CHIEF ADMINISTRATOR, UPPER ASSAM CAD AUTHORITY, NAGAON, ASSAM, PIN- 782001

VERSUS

1:THE STATE OF ASSAM AND 14 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM

2:THE DEPUTY SECRETARY (E) GOVT OF ASSAM IRRIGATION DEPTT DISPUR GUWAHATI

3:THE CHIEF ENGINEER (MINOR) IRRIGATION DEPTT CHANDMARI GHY- 3

4:LOHIT CHANDRA PATHAK SECRETARY TO THE GOVT OF ASSAM IRRIGATION DEPTT DISPUR GUWAHATI-6

5:M M BORO CHIEF ENGINEER IRRIGATION DEPTT OFFICE OF THE CHIEF ENGINEER CHANDMARI GUWAHATI-3

6:BIMALA KANTA DOLEY ADDL C E ZONE-II JORHAT ASSAM

7:NAKUL CHANDRA BISWAS CSD (1) BTAD KOKRAJHAR

8:BROJEN MALAKAR CHAIRMAN CUM MD LOWER ASSAM CAD AUTHORITY GHY- 3

9:ACHYUT KUMAR DAS ADDL. CE ZONE I (1) BARPETA

10:DIMBA NATH MILI ADDL CE (I/C) ZONE-III TEZPUR

11:JOYBINAN LANGMAILAI DIRECTOR DESIGN O/O THE ADDL CE (1) DIPHU

12:GHANA SONOWAL SUPERINTENDING ENGINEER GOALPARA INVESTIGATION CIRCLE

13:DHIRAJ SAIKIA S/O- SRI BHABA TARANI SAIKIA R/O- H NO.1 CHITRABON PATH KALYANI NAGAR KAHILIPARA-19 DIST- KAMRUP(M) ASSAM

14:AJIT KUMAR SARKAR S/O- LATE NOBIN CHANDRA SARKAR R/O- H NO. 404

SATGAON ROAD BAGHORBARI GHY- 171 DIST- KAMRUP(M) ASSAM

15:JOGEN BAISHYA S/O- LATE ADIT BAISHYA R/O- SOBANCHAH P.O- KHETRIHARDIA P.S- HAJO GUWAHATI- 02 DIST- KAMRUP(R) ASSA

Advocate for the Petitioner : MR. S K GOSWAMI

Advocate for the Respondent : SC, IRRIGATION

Linked Case : MC 326/2013

1:MD. SHAKEEL SADULLAH and ANR.

VERSUS

1:PADMADHAR DAS and ORS.

Advocate for the Petitioner : MR.B GOSWAMI Advocate for the Respondent : MR.A CHETRY

Linked Case : WP(C) 5026/2016

1:EQUALITY FORUM REP. BY ITS PRESIDENT SHRI BHUPENDRA NATH DEKA S/O LT. KABINDRA NATH DEKA A RESIDENT OF GAYATRI APARTMENT BLOCK-II KALAPAHAR PAHARTALI BYE LANE NO. 3 P.S. FATASIL AMBARI GUWAHATI - 781018 DIST. KAMRUP METRO A SSAM AND ITS SECRETARY SHRI ARUN CHANDRA SAHARIA S/O LT. HAIDIA SAHARIA B.M. COMPLEX

RATNAGIRI PATH BAMUNIMAIDAM GUWAHATI- 781021.

VERSUS

1:THE STATE OF ASSAM AND 12 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06.

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASAM WPT and BC DEPARTMENT DISPUR GUWAHATI - 781006.

3:THE COMMISIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTENT OF WPT and BC DISPUR GUWAHATI-6.

4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PERSONNEL B DEPARTMENT DISPUR GUWAHATI-6.

5:SRI DINABANDHU DEKA S/O LATE GOPAL CHANDRA DEKA RESIDENT OF BHETAPARA GUWAHATI-781028 ASSAM.

6:SRI DEEP PEGU SON OF DR NUMAL CHANDRA PEGU RESIDENT OF MILAN NAGAR DIBRUGARH ASSAM 786003.

7:NAMESWAR PEGU SON OF LATE BANGSHIDHAR PEGU R/O BORBARI BORTILA H. NO-132 VIP ROAD GUWAHATI-26 KAMRUPM ASSAM.

8:SRI HRIDOY KR. BORO

SON OF LATE RATNA KR BORO HOUSE NO-25 BISHNU RABHA NAGAR NOONMATI GUWAHATI-20.

9:SMI. NIROLA PHANCHOPI ACS WIFE OF SRI AMAR SINGH TISSO 316 ADHAR APARTMENT FLAT NO-101 MOTHER TERESA ROAD GUWAHATI-781020 ASSAM.

10:SMTI ETSHAR KATHAR ACS DAUGHTER OF SRI H.I. KATHAR RESIDENT OF GANESHGURI GUWAHATI-781006 DISTRICT- KAMRUPASSAM.

11:SRI RUPJYOTI DEORI S/O LATE GHANAKANTA DEORI R/O- UPPER DEORI GAON P.O. NAHATIA P.S. PULIBAR DIST. JORHAT ASSAM PIN-785018.

12:SRI SUKLESWAR DAS S/O LATE MAHIN CH. DAS R/O- SAWKUCHI H.NO. 55 P.O. SAWKUCHI P.S. BASISTHA DIST.-KAMRUP M ASSAM PIN-781040.

13:SMT. VOSIK KATHARPI D/O SRI LONGBI RAM ENTI KATHAR R/O RONGTHEANG WARD NO. 7 P.O and P.S. DIPHU DIST. KARBI ANGLONG ASSAM PIN-782460.

Advocate for the Petitioner : MS.A CHOUDHURY

Advocate for the Respondent : MRD DUARA R - 5 6 9 and 10

Linked Case : WP(C) 7188/2016

1:RUPJYOTI DEORI and 2 ORS. S/O LT. GHANA KANTA DEORI R/O UPPER DEORI GAON P.O.NAHATIA P.S. PULIBAR DIST. JORHAT ASSAM PIN - 785108.

VERSUS

1:THE STATE OF ASSAM and 9 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM INDUSTRIES and COMMERCE DEPARTMENT DISPUR GUWAHATI-6.

Advocate for the Petitioner : MR.S U AHMED Advocate for the Respondent : SC INDUSTRIES and COMMERCE

Linked Case : WP(C) 4148/2012

1:DR. MRINAL BARMAN and 3 ORS S/O- LT. PRITHARAM BARMAN R/O- KOINADHARA UDAY NAGAR KHANAPARA GHY- 22 DIST.- KAMRUP M.

2: BHABA SARMAH S/O- LT. RAJANI KANTA SARMA VILL.- MADHUPUR P.O.- CHARIALI DIST.- SONITPUR ASSAM.

3: DR. H.K. DUTTA S/O- LT. NANDESWAR DUTTA HINDUGAON WARD NO. 4 NORTH LAKHIMPUR ASSAM.

4: BHUPENDRA KR. DUTTA S/O- LT. KALI RAM DUTTA VILL.- KHARIPARA-GOPAL BAZAR P.O.- GOPAL BAZAR

DIST.- NALBARI PIN- 781353. VERSUS

1:THE STATE OF ASSAM AND 14 ORS REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM AGRICULTURE DEPTT. DISPUR GHY- 6.

2:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM AGRICULTURE DEPTT. DISPUR GHY- 6.

3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GHY- 22.

4:THE PRINCIPAL SECY. PERSONNEL A DEPTT. GOVT. OF ASSAM DISPUR GHY- 6.

5:SACHINDRA PATHAK DDA FTS KHETRI KAMRUP

6:ANANDA CH. KARMAKAR DAO KOKRAJHAR

7:KISHORI MOHAN MANI SA DAO KARBI ANGLONG DIPHU

8:TENESWAR DEURI DDA FTS CHARIDUAR SONITPUR

9:RUPAK KR. BORA DAO

DIBRUGARH

10:MUNUA PRASAD RAWNEER DAO BARPETA

11:KAILASH CH. DAS DAO SIVSAGAR

12:RABINDRA NATH DOLEY DDA FTS CHAKULIBORIA N. LAKHIMPUR

13:JAYMAL BARMAN DAO MORIGAON

14:PRABIN KR. HAZARIKA DDA FTS GELAPUKHURI TINSUKIA

15:DAYAL CH. KRO DAO SONITPUR

Advocate for the Petitioner : MR.A SARMA Advocate for the Respondent : MR.R DUBEYR-9 12 13 14 16 and17

Linked Case : I.A.(Civil) 1634/2016

1:DHIRAJ SAIKIA and 2 ORS

VERSUS

1:THE STATE OF ASSAM AND 7 ORS

Advocate for the Petitioner : MR.A BHATTACHARYA Advocate for the Respondent :

Linked Case : I.A.(Civil) 477/2016

1:DR. MRINAL BARMAN and 3 ORS

VERSUS

1:THE STATE OF ASSAM AND 14 ORS

Advocate for the Petitioner : MR.U K NAIR Advocate for the Respondent : MR.R DUBEYR-9 12 13 14 16 and17

Linked Case : WP(C) 5005/2016

1:BHAGWAN PATOR S/O LT. AMAL CH. PATOR R/O VILL. and P.O. NELLIE DIST- MORIGAON

VERSUS

1:THE STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM SECRETARY DISPUR GHY-6

2:THE SECY. TO THE GOVT. OF ASSAM WATER RESOURCES DEPTT. SECRETARIAT BLOCK-B THIRD FLOOR DISPUR GHY-6

3:THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM WELFARE OF PLAIN TRIBES and BACKWARD CLASSES DEPTT. DISPUR GHY-6

4:THE SECY. TO THE GOVT. OF ASSAM JUDICIAL DEPTT. DISPUR GHY-6

5:THE PRINCIPAL SECY. PERSONNEL B DEPTT. GOVT. OF ASSAM DISPUR GHY-6

6:SRI ANIL KUMAR JALAN S/O PUSHKAR DUTTA JALAN R/O FLAT NO- 4C PROTECT VIEW HENGRABARI ROAD P.O- DISPUR GUWAHATI-781006 KAMRUP M ASSAM.

7:SRI SHANTANU DHAR S/O LT SANTI RANJAN DHAR R/O- HOUSE NO.- 19 HARBALA ROAD ULUBARI GUWAHATI-781007 KAMRUP M ASSAM.

Advocate for the Petitioner : MRH BETALA Advocate for the Respondent : MR.G BAISHYAR-6 and 7

Linked Case : WP(C) 3854/2016

1:RUPJYOTI DEORI and 2 ORS S/O LT. GHANA KANTA DEORI R/O UPPER DEORI GOAN P.O. NAHATIA P.S. PULIBAR DIST. JORHAT ASSAM PIN - 785108

2: SRI SUKLESWAR DAS S/O LT. MAHIN CH. DAS R/O SAWKUCHI H.NO. 55 P.O. SAWKUCHI P.S. BASISTHA DIST. KAMRUP M ASSAM PIN- 781040.

3: SMT. VOSIK KATHARPI D/O SRI LONGBI RAM ENGTI KATHAR R/O RONGTHEANG WARD NO. 7 P.O. DIPHU P.S. DIPHU DIST. KARBI ANGLONG ASSAM PIN - 782460. VERSUS

1:THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM INDUSTRIES and COMMERCE DEPARTMENT DISPUR GUWAHATI -6.

2:THE COMMISSIONER OF INDUSTRIES and COMMERCE ASSAM UDYOG BHAWAN BAMUNIMAIDAM GUWAHATI-7.

3:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM WPT and BC DEPARTMENT DISPUR GUWAHATI-6.

4:THE JOINT SECRETARY TO THE GOVT. OF ASSAM JUDICIAL DEPARTMENT DISPUR GUWAHATI -6.

Advocate for the Petitioner : MR.S U AHMED Advocate for the Respondent : GA ASSAM

Linked Case : WP(C) 6477/2011

1:PADMADHAR DAS S/O LATE BIDYADHAR DAS R/O 26 JANA PATH NABIN NAGAR OPP. A.I.D.C. P.O. ZOO ROAD GHY-24 ASSAM

VERSUS

1:THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM FINANCE TAXATION DEPARTMENT DISPUR GHY-6

2:THE COMMISSIONER OF TAXES ASSAM KAR BHAVAN DISPUR

GHY-6

3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT FOR WELFARE OF PLAINS TRIBES and BACKWARD CLASSES DISPUR GHY-6

4:MD. SHAKEEL SADULLAH ASSISTANT COMMISSIONER OF TAXES GUWAHATI UNIT-C KAR BHAVAN DISPUR GHY-6

5:SHRI GAUTAM DAS GUPTA ASSISTANT COMMISSIONER OF TAXES BARPETA ROAD UNIT BARPETA ROAD DIST- BARPETA

6:SHRI SAR -ET HANSE ASSISTANT COMMISSIONER OF TAXES TEZPUR ZONE TEZPUR DIST- SUNITPUR

7:SHRI BIJOY CH. GOSWAMI ASSISTATNT COMMISSIONER OF TAXES GOLAGAHAT UNIT GOLAGAHAT DIST- GOLAGHAT

8:SHRI NIRANJAN KALITA ASSISTANT COMMISSIONER OF TAXES NAGAON UNIT NAGAON DIST- NAGAON

9:SMT. ARUNIMA CHOUDHURY ASSISTANT COMMISSIONER OF TAXES NAGAON ZONE ATTACHED TO COMMISSIONER OF TAXES KAR BHAVAN DISPUR GHY-6

10:SMT. PRANATI BARUAH BHUYAN ASSISTANT COMMISSIONER OF TAXES GUWAHATI UNIT-D KAR BHAVAN DISPUR GHY-6

11:SHRI PRABHAS KANTI SINHA ASSISTANT COMMISSIONER OF TAXES SILCHAR UNIT SILCHAR DIST- CACHAR

12:SHRI KAMALESWAR LAHARY STP ASSISTANT COMMISSIONER OF TAXES GUWAHATI ZONE-A KAR BHAVAN DISPUR GHY-6

13:SHRI SIBA PRASAD SHARMA ASSISTANT COMMISSIONER OF TAXES TINSUKIA ZONE TINSUKIA DIST- TINSUKIA

Advocate for the Petitioner : MR.B GOSWAMI Advocate for the Respondent : MR.K N CHOUDHURY

Linked Case : WP(C) 5169/2016

1:GOBIN CH. DASTIDAR and 2 ORS. S/O- LT. TILAK MOHAN DASTIDAR R/O- QUARTER NO. VIII M 15/1 DISPUR SUPERMARKET QUARTER COMPLEX DISPUR GHY- 6.

2: SMT. GEETA KUNDU CHAKRABORTY D/O. BEPIN CHAKRABORTY R/O. NIRMALAYA HOUSE NO. 42 MADHAVDEVPUR ROAD ULUBARI P.O. REHABARI GUWAHATI PIN. 781008.

3: SRI HIRANYA KUMAR GAYAN S/O. LT. HARANATH GAYAN R/O. GANAPATI ENCLAVE NEAR DPI KAHILIPARA GUWAHATI-781019. VERSUS

1:THE STATE OF ASSAM AND 10 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY- 6.

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM WELFARE OF PLAINS and BACKWARD CLASSES DEPARTMENT DISPUR GUWAHATI-781006.

3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-6.

4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PERSONNELB DEPARTMENT DISPUR GUWAHATI-6.

5:MUKUT CHANDRA MALAKAR SUPERINTENDENT PRESENTLY POSTED AS UNDER SECRETARY ASSAM HUMAN RIGHTS COMMISSION BHANGAGARH GUWAHATI PIN. 781005.

6:MORAMI PAYENG SUPERINTENDENT PRESENTLY POSTED AS UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT DISPUR GUWAHTI-6.

7:BIPASA KHERKATARY SUPERINTENDENT PRESENTLY POSTED AS UNDER SECRETARY FINANCE DEPARTMENT DISPUR

GUWAHATI-6.

8:BIBHA PEGU MEDOK SUPERINTENDENT PRESENTLY POSTED AS UNDER SECRETARY COOPERATION DEPARTMENT DISPUR GUWAHATI-6.

9:DIPEN CHANDRA SAIKIA SUPERINTENDENT PRESENTLY POSTED AS UNDER SECRETARY. GENERAL ADMINISTRATION DEPARTMENT GUWAHATI-6.

10:GUNA RAM INGTY SUPERINTENDENT PRESENTLY POSTED AS UNDER SECRETARY. ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI-6.

11:NABIN CHANDRA INGTY SUPERINTENDENT PRESENTLY POSTED AS UNDER SECRETARY. AGRICULTURE DEPARTMENT DISPUR GUWAHATI-6.

Advocate for the Petitioner : MR.M K CHOUDHURY Advocate for the Respondent : MR.G Y KHANR-7 8 9 and 11

BEFORE HONOURABLE MR. JUSTICE L.S. JAMIR

ORDER

Date : 08-05-2018

On 16-11-2017, this Court had passed the following order:-

" As indicated in the earlier order 06.12.2016, an issue involved in these writ petitions is on the question as to whether under the provisions of Article 16 (4) of the Constitution of India, there should be reservation in the matter of promotion or not. To that extent, the provisions of the Office Memorandum dated 03.08.2016 has been assailed in these writ petitions.

In earlier order of 06.12.2016, a statement of the learned Advocate General,

Assam was recorded that the matter was referred to the Committee on Welfare of SC and ST in the Assam Legislative Assembly and the committee in its meeting held on 22.11.2016 had given its recommendation. Accordingly, it is submitted by the learned Advocate General that some further time be allowed for bringing the said consideration to its logical end.

In the meantime, an affidavit has been filed on behalf of the respondent No. 3, wherein it is stated that the Assembly Committee for Welfare of SC and ST, Assam had passed an unanimous resolution in its meeting dated 24.08.2016 that the said Office Memorandum requires some modification and accordingly certain recommendations were made. Thereafter, a draft Office Memorandum was prepared by the WPT & BC Department containing some of the clauses which were suggested for modification and accordingly, the same was placed for vetting before the Judicial and Personnel Department. The affidavit states that the view of the Judicial Department has already been received and accordingly the draft was sent to the Personnel Department for their vetting. It is stated that no further progress has been made in the matter.

The learned Advocate General or the Additional Chief Secretary, WPT & BC Department by personally remaining present before the Court will make a statement as to by which date the vetting of the Personnel Department will be completed. It is further stated that upon completion of the vetting of the Personnel Department, the matter has to be placed before the State Cabinet. Therefore, a further statement shall be made as to by what specific period of time, the matter would be placed before the State Cabinet and a decision thereof be taken.

List this matter again on 17.11.2017 i.e. tomorrow.

Let a copy of this order be provided to Ms. A. Gayan, learned counsel appearing on behalf of the learned Advocate General, Assam."

Till date, there is no information before this Court as to whether the vetting of the Personnel Department has been completed and whether the matter has also been placed before the State Cabinet. Considering the urgency involved, this Court is of the considered opinion that these cases should be heard expeditiously.

Rule has already been issued.

Accordingly, list these cases for hearing on 31-05-2018.

Before the next returnable date, the State respondents, more particularly, the respondent No. 3 i.e the Additional Chief Secretary, WPT & BC shall positively file an affidavit indicating as to whether the vetting of the Personnel Department has been done and also as to whether the matter has been placed before the State Cabinet and if already placed, the decision of the State Cabinet. In the alternative, if no affidavit is filed, the Additional Chief Secretary, WPT & BC shall personally be present in the Court on the next returnable date i.e. 31-05-2018 to apprise the Court of the latest development.

Furnish a copy of this order to Mr. C.K.S. Baruah, learned Government Advocate.

As requested by the parties, segregate W. P (C) 5005/2016, W.P (C) 5026/2016 and W.P (C) 5169/2016 from the rest of the other cases and list the aforesaid four cases on 31-05-2018.

As requested by Mr. M. Sarania, learned counsel for the petitioners appearing in W.P (C) 7188/2016, W.P (C) 7495/2016 and W. P (C) 3854/2016, list these three cases separately after three weeks.

As requested by Mr. S.K. Goswami, learned counsel appearing for the petitioner in W. P (C) 1006/2018 and W. P (C) 5870/2016, list these two cases for orders after a week.

JUDGE

Comparing Assistant