WP(C) 2357/2009. Gauhati High Court

Case NumberWP(C) 2357/2009
Judgement DateApril 20, 2019
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

(HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)

WP( C) No.2357/ 2009

  1. Rabul Saikia

    S/ o- Late Damodar Saikia, I nspector, Handloom & Textiles,

    Kamrup, Guwahati.

  2. Smti. Seeta Borah,

    W/ o- Sri Apurba Kumar Nath,

    Assistant superintendent, Handloom & Textiles, Kamrup, Guwahati.

  3. Smti. Praneeta Baruah

    W/ o- Sri Ranjeet Deka, Inspector, Handloom & Textiles, Weavers Extension Service Unit,

    Beltola, Kamrup, Guwahati.

  4. Sri Abdul Halim

    S/ o- Late Madhu Mia,

    Deputy Handloom Officer, Handloom & Textiles, Goalpara.

  5. Sri Chandan Bora

    S/ o- Laboram Bora,

    I nspector, Handloom & Textiles, Nagaon.

    … Petitioners .

    VERSUS

  6. The State of Assam,

    Represented by the Secretary to the Government of Assam, Handloom & Textiles Department,

    Dispur, Guwahati.

  7. The Director

    Handloom & Textiles, Assam, Guwahati-5.

  8. Secretary to the Govt. of Assam,

    Administrative Reforms & Training Department, Dispur, Guwahati.

    … Respondents .

    For the Petitioners : Mr B Pushilal. … Advocate.

    For the respondents : Mr. D. Nath. ….. Addl. Sr. Govt. Advocate.

    Date of hearing & Judgment : 20.04.2017

    Page 1 of 5

    WP(c) No.2357/2009

    BEFORE

    THE HON’BLE MR JUSTI CE HRI SHI KESH ROY

    JUDGMENT AND ORDER ( ORAL)

    Heard Mr. B. Pushilal, the learned Counsel appearing for the petitioners. The respondents are represented by Mr. D. Nath, the learned Addl. Sr. Government.

  9. The petitioners are serving in the cadre of I nspector in the Department of Handloom and Textiles and they are aggrieved by denial of Gazetted status to them, although, the similarly situated Junior Engineers/ Architects of the same Department, were granted the Gazetted status on 26.7.2000 (Annexure-A). I n the proposal forwarded by the Director of Handloom and Textiles on 14.11.2007 (Annexure-D) to the Government, several justifications were given for conferring the Gazetted status to the I nspectors. But there was no discussion on any of those points and the Government has abruptly rejected the proposal, without disclosing any reason.

  10. Earlier the Court noted that in the counter affidavit filed on 9.3.2010 by the respondent Nos.1 & 2, it was projected that it is for the Administrative Reforms and Training Department to decide on conferment of Gazetted status

    and therefore this Court directed disclosure of the stand by the concerned Department.

  11. On the basis of instruction received by him, Mr. D. Nath, the learned Addl. Sr. Govt. Advocate submits that conferment of Gazetted status is to...

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