WP(C) 1538/2011. Gauhati High Court

Case Number:WP(C) 1538/2011
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Other service matters with respect to State Govt Employees

 
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I N THE GAUHATI HI GH COURT

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

WP( C) No.1538/ 2011

  1. Mrs. Chandana Sonowal,

    W/ o Sri Manoj Phukan

    R/ o Hatigaon, Lakhi Nagar, P.s. Hatigaon,

    Dist. Kamrup, Assam.

  2. Shri Jyoti Charan Nath

    S/ o Late Bagiram Nath

    Vill- Bhamaraguri,

    P.S. Batadraba,

    Dist. Nagaon, Assam.

  3. Sri Kush Ram Medhi

    S/ o Sri Babi Ram Medhi

    Vill- Helandongbori

    P.S. Mikirbheta,

    Dist. Morigaon, Assam.

  4. Shri Krishna Murty Phukan

    D/ o Late Gopal Chandra Phukan, Vill- Ward No.I I , Barnasatra,

    P.S. Morigaon,

    Dist. Morigaon, Assam.

  5. Shri Reba Kanta Gogoi

    S/ o Late Ghanashyam Gogoi Vill- Kachu Pather Gaon,

    P.O. Moranjan,

    Dist. Sivasagar, Assam.

    … PETI TI ONERS .

    VERSUS

  6. The state of Assam

    Represented by the Commissioner & Secretary, W.P.T. & B C Department, Dispur, Ghy-6.

  7. The deputy Secretary to the Govt. of Assam,

    W.P.T. & B C Department, Dispur, Ghy-6.

    For the petitioners : Mr. A K Hussain

    Md. B Hussain

    Mr. A S Ahmed …. Advocates

    For the respondents : Ms. D D Barman. … Addl. Sr. Govt. Advocate,

    Assam.

    Date of hearing & judgment : 25.05.2017

    Page 1 of 7

    … RESPONDENTS .

    WP(c) No.1538/2011

    BEFORE

    THE HON’BLE MR JUSTI CE HRI SHI KESH ROY

    JUDGMENT AND ORDER ( ORAL)

    Heard Mr. A K Hussain, learned Counsel appearing for the petitioners. Respondents are represented by Ms. D D Barman, the learned Addl. Sr. Government Advocate, Assam.

  8. The petitioners were appointed in the Advisory Council for welfare of Scheduled Tribes (P) [ ST(P)] and similar Advisory Council for Scheduled Castes (SC) and Other Backward Classes (OBC). Since their engagement is made coterminous with the Vice Chairman of the respective Advisory Council, the employees seek direction for their absorption in their respective posts.

  9. For the case in hand, it is relevant to record that the Assam Government framed the following three Rules –

    (i) Advisory Council for the Welfare of the Scheduled Castes in Assam

    Rules, 1967.

    (ii) Advisory Council for the Welfare of the Scheduled Tribes living in the Plains Districts of Assam Rules, 1967

    (iii) Advisory Council for the Welfare of the Other Backward Classes in

    Assam Rules, 1959

  10. The pari materia provision of the three Rules reflects that the Advisory Council for the welfare of the concerned category, shall have secretariat staff, for the functioning of the Advisory Council. The Members of the Council is constituted/ re-constituted at the pleasure of the Governor but it is specified in Rule 6 of the 1967 Rules relating to the SC & ST(P) category and Rule 8 of the 1959 Rules for the OBC category that, the Advisory Councils will continue until dissolution of the existing Assembly and shall be re-constituted immediately after the general election to the Assembly.

    Page 2 of 7

    WP(c) No.1538/2011

  11. The role of the Advisory Councils are enumerated in the Rules and they are required to advice the Government on all matters...

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