Dipankar Boruah v. The State of Assam and 3 Ors

ORDER

29.01.2024 Heard Mr. H. Bezbarua, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned counsel appearing on behalf of Mr. N.K. Dev Nath, learned Standing Counsel, P&RD.

¶2The petitioner is employed as a State Project Manager (Financial Inclusion) under the Assam State Rural livelihood Mission. The petitioner was earlier attached as State Project Manager (Financial Inclusion) at District Mission Management Unit (DMMU) at Karimganj till 30.11.2023. Expressing difficulties, he has represented before the authorities concerned, however, instead of considering his application and representation more particularly his representation dated 11.12.2023 before the State Mission Director, Assam State Rural Livelihood Mission, he was instead again temporarily attached to DMMU, Chirang to look after the work of all vertical at DMMU, Chirang w.e.f.

01.01.2024 until further orders.

¶3The limited grievance of the writ petitioner is that he has suffered grievous injuries earlier because of which he is required to regularly seek medical Page No.# 3/4 treatment and advice and that he has been asked to undergo bed rest in terms of the medical advice. However, in spite of requests made before the authorities concerned, he was initially attached to Karimganj and therefore he requested the authorities concerned to permit him to work in his original place of posting at the State Head Office, Guwahati. Without considering this representation, the petitioner's earlier attachment order was altered and he was attached to DMMU, Chirang.

¶4The learned counsel for the petitioner submits that his limited prayer is for disposal of his representation filed on 01.01.2024 which it is stated has not yet been disposed of. It is submitted that the petitioner is currently on medical leave.

¶5Mr. U. Sharma, learned counsel appearing on behalf of Mr. N.K. Dev Nath, learned Standing Counsel, P&RD submits that the petitioner is required to go and join in his new place of posting and however till date he has not joined. He submits that the petitioner ought to have joined his new place of posting before approaching this Court.

¶6Having heard learned counsel for the parties, this Court is of the view that since the prayer of the petitioner is limited to consideration of his representation dated 01.01.2024, this Court considers it appropriate to dispose of the writ petition at this stage directing the respondent No. 1 namely, Principal Secretary, Government of Assam Panchayat and Rural Development Department, Assam to dispose of the representation filed by the petitioner on 01.01.2024 before the concerned Minister of Panchayat and Rural Development. After the said representation is presented again before the respondent No. 1, within three days from the date of a receipt of certified copy of this order, the respondent No. 1 will thereafter consider the grievances of the petitioner and pass an Page No.# 4/4 appropriate order thereon within thirty (30) days from the date of receipt of the said representation along with a certified copy of this order. Any order that is passed, copy thereof will be served on the writ petitioner.

¶7The impugned order dated 26.12.2023 shall remain stayed till disposal of the representation by the respondent No. 1 as directed above.

¶8In terms of the above, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010014872024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/369/2024o DIPANKARoBORUAHo S/OoSRIoSURESHoBORUAHo R/OoBLOCKo1,oGF,oSHINGoHEAVENoAPARTMENT,oSATGAONoBAGHARBARIo ROAD,oGUWAHATI,oP.O.oSATGAON,oDIST.oKAMRUPo(M),oASSAM,o PIN-781171 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARY,oGOVERNMENToOFo ASSAM,oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oASSAM,o PANJABARI,oGUWAHATI-37. 2:THEoSTATEoMISSIONoDIRECTOR oASSAMoSTATEoRURALoLIVELIHOODSoMISSION o(DEPARTMENToOFoPANCHAYAToANDoRURALoDEVELOPMENT)oSIVAoNATHo GOGOIoPATH oPANJABARI oGUWAHATI oASSAM oPIN-7810037 3:THEoCHIEFoFINANCIALoCONTROLLER oASSAMoSTATEoRURALoLIVELIHOODSoMISSION o(DEPARTMENToOFoPANCHAYAToANDoRURALoDEVELOPMENT)oSIVAoNATHo GOGOIoPATH oPANJABARI oGUWAHATI oASSAM oPIN-7810037 Page No.# 2/4 4:THE DISTRICT PROJECT MANAGER ASSAM STATE RURAL LIVELIHOOD MISSION CHIRANG ASSAM PIN-78339 Advocate for the Petitioner : MR H BEZBARUA Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA