Chinmoy Baruah, v. The State of Assam and 3 Ors

ORDER Date : -26.02.2024

Heard Mr. H. Rahman, learned counsel for the applicant. Also heard Ms. A. Talukdar, learned Government Advocate. The applicant/petitioner has approached this Court by filing the connected writ petition praying for a direction to set aside the discharge order dated

24.03.2020 issued by the Chairman Amguri Municipal Board and a further direction to reinstate the writ petitioner. During the pendency of the writ petition an order dated 05.02.2024 was issued by the Executive Officer, Amguri Municipal Board, thereby the petitioner was reinstated as an employee of Amguri Municipal Board with effect from

06.02.2024. This according to the writ petitioner/applicant is an order which does not comply with the earlier orders passed by the Court whereby the petitioner/applicant was asked to be reinstate in his earlier post as Assistant Tax Daroga. Learned counsel for the applicant/petitioner submits that this order merely reflects that he is reinstated as an employee of the Amguri Municipal Board that to with effect from 06.02.2024. Therefore, the Interlocutory Application has been filed praying for necessary orders. During the course of the argument, Mr. H. Rahman, however sought liberty of the Court to file a fresh writ petition assailing the impugned order dated 05.02.2024 as well as the arrear benefit which are not yet released in Page No.# 4/4 respect of the writ petitioner. In view of such submissions the Interlocutory Applicant stands closed giving liberty to the writ petitioner to file a writ petition assailing the order dated

05.02.2024 as it is a fresh causes of action. Interlocutory Application stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010186052022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.oI.A.(Civil)/538/2024o CHINMOYoBARUAH S/O.oLT.oR.K.oBARUAH oR/O.oMELACHAK oP.O.oANDoP.S.oSIVASAGAR oDIST.oSIVASAGAR oASSAM oPIN-785640. oVERSUS THEoSTATEoOFoASSAMoANDo3oORS. REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oURBANoDEVELOPMENToDEPTT. oDISPUR oGUWAHATI-781006. 2:THEoDIRECTORoOFoMUNICIPALoADMINISTRATIONoASSAM DISPUR oGUWAHATI-781006. o3:AMGURIoMUNICIPALoBOARD REP.oBYoITSoCHAIRMAN oP.O.oANDoP.S.oAMGURI oDIST.oSIVASAGAR oASSAM oPIN-785680. o4:THEoEXECUTIVEoOFFICER AMGURIoMUNICIPALoBOARD oP.O.oANDoP.S.oAMGURI oDIST.oSIVASAGAR Page No.# 2/4 ASSAM PIN-785680. ------------ Advocate for : MR H RAHMAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS. Linked Case : WP(C)/6028/2022 CHINMOY BARUAH S/O. LT. R.K. BARUAH, R/O. MELACHAK, P.O. AND P.S. SIVASAGAR, DIST. SIVASAGAR, ASSAM, PIN-785640. VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, URBAN DEVELOPMENT DEPTT., DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI-781006. 3:AMGURI MUNICIPAL BOARD REP. BY ITS CHAIRMAN P.O. AND P.S. AMGURI DIST. SIVASAGAR ASSAM PIN-785680. 4:THE EXECUTIVE OFFICER AMGURI MUNICIPAL BOARD P.O. AND P.S. AMGURI DIST. SIVASAGAR ASSAM PIN-785680 Advocate for the Petitioner : MR H RAHMAN Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA