Altaf Hussain Mozumder v. The State of Assam and 4 Ors

ORDER Date : 20.06.2024

Heard Mr. A.H.M.R. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Handique, learned standing counsel, P&RD Department. The challenge made in this writ petition is to the notification dated 07.02.2022, whereby the petitioner has been reverted back to his parent department i.e. PHE department, Govt. of Assam from P&RD department. The petitioner has prayed for a direction to permanently absorb him in the P&RD department. Record reveals that the petitioner was sent on deputation to the P & RD department on 29.03.2001 as Junior Engineer and allowed to continue in the P & RD department till he was reverted back to his parent department. It is settled position of law that the deputationist has no indefeasible right to claim for permanent absorption in the borrowing department. Mr. P. Handique, learned standing counsel submits that the petitioner has already retired on

30.04.2023. Therefore, the matter has become infructuous. Having considered on merit and considering the fact that the petitioner has already retired from service on 30.04.2023, I am of the view that the matter has become infructuous. Accordingly, the writ petition is dismissed as infructuous. Page No.# 3/3 Interim order, if any, passed earlier stands vacated. Ms. M. Kalita, learned standing counsel, PHE, Assam and Ms. R.M. Barua, learned standing counsel, Finance Department are present. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010059522022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2233/2022o ALTAFoHUSSAINoMOZUMDERo S/OoLToMAHMUDoHUSSAINoMAZUMDER,oR/OoHAILAKANDIoTOWNoWARDo NO.o3,oR.PoROAD,oP.S.oANDoDIST-HAILAKANDIo(ASSAM) VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVToOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR,o GUWAHATI-06 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oDISPUR oGUWAHATI-06 3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06 4:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oPANJABARI oJURIPAR oGUWAHATI-37 5:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERING oCHANDMARI oGUWAHATI-0o Page No.# 2/3 Advocate for the Petitioner : MR. A H M R CHOUDHURY Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE