Sushita Paul Dhar, v. The State of Assam and 5 Ors

O R D E R

19.02.2024

¶1Heard Mr. RP Sarmah, learned Senior counsel assisted by Ms. A Deka, learned counsel for the petitioner. Also heard Mr. R Dhar, learned counsel for the respondents.

¶2The present IA is filed praying for stay of selection process initiated by an advertisement published in Janasanyog e-paper, whereby application for filling up of one post of Community Organizer under City Mission Management Unit

(CMMU) at Hailakandi under Assam State Urban Livelihoods Mission Society (ASULMS) were invited.

¶3The connected writ petition was filed assailing termination of service of the petitioner from her contractual service of Community Organizer at Hailakandi under CMMU. During the pendency of the connected writ petition, another advertisement was issued for filling up of the said post on 03.02.2021. However, this Court under its order dated 19.02.2021, passed in the connected writ petition, as an interim measure, directed that the post of Community Organizer vacated by the petitioner shall not be filled up till the next returnable date. Subsequently, such interim order was extended.

¶4As there is already an interim order, this court sought instruction from Mr. R Page No.# 3/3 Dhar, learned counsel for the respondents. On instruction, Mr. Dhar submits that though an advertisement has been issued, however, in view of the interim order passed earlier the respondents are not proceeding further with the selection process. Mr. Dhar further submits that the connected writ petition may be taken up for final disposal, as one important post is directed to be kept vacant.

¶5Mr. R P Sarmah, learned Senior counsel also agrees that the writ petition can be taken up for final disposal.

¶6Considering the matter in its entirety and in view of the submission made by Mr. Dhar that the respondents will not proceed with the selection process in terms of the earlier interim order dated 19.02.2021 passed by this court, the IA stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010022752024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/435/2024o SUSHITAoPAULoDHAR,o D/OoSUSHILoPAUL,o RESIDENToOFoTOOLoROAD,oWARDoNO.o15,oHAILAKANDI,o788151,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM.oMUNICIPALoADMINISTRATIONoDEPTT.oDISPURoASSAM,oPINo 781006 2:THEoMISSIONoDIRECTORo(SLUM) oDIRECTORoOFoMUNICIPALoADMINISTRATION oASSAM oGUWAHATIo781006 3:THEoDEPUTYoCOMMISSIONER oHAILAKANDIo788151 4:THEoADDITIONALoDEPUTYoCOMMISSIONERoCUMoCITYoPROJECTo OFFICER oCMMU oDAY-NULM oHAILAKANDIo788151 5:THEoEXECUTIVEoOFFICER oHAILAKANDIoMUNICIPALoBOARD oHAILAKANDIo788151 6:THEoSTATEoPROJECT Page No.# 2/3 MANAGER (HR AND ADMIN) SPM. ASULMS GUWAHATI 0 Advocate for the Petitioner : MR. R P SARMAH Advocate for the Respondent : GA, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY