Samindra Nath Kalita and 2 Ors v. The State of Assam and 3 Ors

PageoNo.#o1/3 GAHC010008432024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/32/2024o SAMINDRAoNATHoKALITAoANDo2oORS.o S/OoLT.oLALIToCH.oKALITA,oR/OoKALMONI,oP.O.-MADHUKUCHI,oDIST-KAMRUP,oASSAM 2:oANILoKALITA oS/OoLT.oDHATURAMoKALITA oR/OoNAKUCHI oP.O.-MORANJANA oDIST-KAMRUP oASSAM 3:oPRABHAToKALITA oS/OoLT.oSABAHoRAMoKALITA oR/OoMAIDAMGAON oTRIPURAoROADoNO.o3oUDAYANoPATH oP.O.-BELTOLA oDIST-KAMRUP(M) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYo TOoTHEoGOVT.oOFoASSAM,o HOMEoANDoPOLITICALoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoCOMMISSIONERoANDoSECRETARYo TOoTHEoGOVERNMENToOFoASSAM oPERSONALo(B)oDEPTT. oDISPURoGUWAHATI-6 3:THEoCOMMISSIONERoANDoSECRETARYoTOoGOVERNMENToOFoASSAM oFINANCEoSIUoDEPARTMENT oDISPURoGUWAHATI-6 Page No.# 2/3 4:THE COMMISSIONER AND SECRETARY TO GOVERNMENT OF ASSAM DEPARTMENT OF P.W.D. DISPUR GUWAHATI-

For the appellants : Ms. A. Talukdar, Ms. J. Deka, Advocates For the respondents : Mr. D. Nath, Senior Govt. Advocate, Assam

– B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM 07-02-2024 (V. Bishnoi, C.J.) This intra-Court appeal is filed on behalf of the petitioners being aggrieved with the order dated 06.12.2023 passed by the learned Single Judge whereby the writ petition filed by the appellants has been dismissed.

¶2The brief facts of the case are that the appellants claiming themselves as surrendered militants had approached this Court by way of filing writ petition, being, W.P.(C) 5464/2013 with the prayer to direct the State to provide them employment as being surrendered militants. The aforesaid writ petition came to be disposed of by this Court vide order dated 27.07.2018 with the direction to the respondents to consider the case of the petitioners and grant them suitable relief and rehabilitation, keeping in mind the fact that they joined the main stream with a hope to be re-settled and that similarly situated persons were given the benefit of employment. Pursuant to the direction given by this Court, the cases of the petitioners were considered. However, the Government of Assam vide order dated 04.01.2022 has turned down the request of the petitioners to provide them employment in the State Government. Being Page No.# 3/3 aggrieved with the same, the petitioners have preferred the writ petition, being, W.P.

(C) 1499/2022 before this Court, which came to be dismissed by the learned Single Judge by the impugned order dated 06.12.2023. Hence, this appeal.

¶3Having heard the learned counsel for the parties and after going through the material available on record and, particularly, taking into consideration the observations made by the learned Single Judge in paragraph 6 of the impugned order, which is reproduced herein, we do not find any merit in this appeal. "6. It is grievance of the petitioners that the petitioners are entitled for appointment not any other rehabilitation under the scheme, however, the learned counsel for the petitioners has not been able to show any scheme or policy decision of the Government that surrendered militant shall be appointed to Government post." Even the counsel for the appellants has failed to satisfy this Court that any scheme or policy of the State Government is in existence wherein it is provided that the surrendered militants shall be provided appointment in the State Government.

¶4The learned Single Judge while closing the writ petition has already issued a direction for rehabilitation of the petitioners under the Rehabilitation Scheme. Therefore, no further direction is required to be issued.

¶5This intra-Court appeal is, accordingly, dismissed.

JUDGE CHIEF JUSTICE

Comparing Assistant