Ashok Kr. Dev Choudhury and 3 Ors v. The State of Assam and 6 Ors

ORDER Date : 13-02-2024 Heard Mr. K.N. Choudhury, learned Sr. counsel assisted by Ms. R. Kakati, learned counsel for the writ petitioners. Also heard Mr. D. Gogoi, learned standing counsel, Forest Department, Assam as well as Ms. P. Sarma, learned standing counsel, APSC. Mr. M. Sarma, learned counsel has appeared for the private respondents. The challenge in this writ petition is to the notification dated 11-02-2020 issued by the Commissioner & Secretary to the Govt. of Assam, Environment & Forest Department, Assam whereby, it was notified that the inter-se seniority position of the Forest Rangers appointed as per merit list of APSC shall be fixed in order of preference indicated in the merit list of the APSC. According to the petitioners, the notification runs counter to the prevailing practise in the department wherein, inter-se seniority of Forest Rangers is always fixed as per the merit position of the candidates secured on completion of training programme in the Forest College. Today when the matter is called up, Mr. D. Gogoi, learned standing counsel, Forest Department, Assam has produced a copy of the notification dated 07-11-2020 to submit that pending finalisation of the draft Service Rules, the impugned notification dated 11-02-2020 has been kept in abeyance until further order. If that be so, nothing survives for adjudication in the present writ petition at this point of time. As such, with the consent of the learned counsel for all the parties, this writ petition stands disposed of as infructuous. The petitioners would, however, be at liberty to approach this Court once again as Page No.# 4/4 and when, a fresh cause of action arises in this regard. Copy of the notification dated 07-11-2020 be retained in the record of this case.

JUDGE GS Comparing Assistant

PageoNo.#o1/4 GAHC010132372013 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o Caseo:oWP(C)/4942/2020 ASHOKoKR.oDEVoCHOUDHURYoANDo3oORS. S/O-oLATEoBHABESHoCHANDRAoDEVoCHOUDHURY oASSISTANToCONSERVATORoOFoFORESTS oMANGALDOIoWILDLIFEoDIVISION oMANGALDOI oASSAM. 2:oDIBAKORoDAS S/O-oLATEoDR.oNIKUNJAoBEHARIoDAS oASSISTANToCONSERVATORoOFoFORESTS oDHANSIRIoFORESToDIVISION oUDALGURI. o3:oMUSTAFAoALIoAHMED S/O-oLATEoPHUKANoALI oASSISTANToCONSERVATORoOFoFOREST oO/O.oTHEoDFO oGUWAHATI oSFoDIVISION oBASISTHA oGUWAHATI-781029 oASSAM. o4:oKANAKoBAISHYA S/O-oLATEoUTCHABoBAISHYA oASSISTANToCONSERVATORoOFoFORESTS oO/O.oTHEoDFO oKAMRUPoEASToDIVISION oBASISTHA oGUWAHATI oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo6oORS. Page No.# 2/4 REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI-781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM PERSONAL (B) DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF ENVIRONMENT AND FOREST DISPUR GUWAHATI- 781006. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HOF ASSAM PANJABARI GUWAHATI- 781037. 5:THE SECRETARY ASSAM PUBLIC SERVICE COMMISSION KHANAPARA JAWAHARNAGAR GUWAHATI- 781022. 6:KUSHAL KOWAR DEKA S/O- LATE LOKNATH DEKA ZOO ROAD NARENGI ROAD NO. 2 MATGHARIA P.O. AND P.S. NOONMATI PIN- 781020 DIST.- KAMRUP(M) ASSAM. 7:SAHADAT ALI S/O- LATE MAHIM UDDIN AHMED 29 LNB PATH HATIGAON P.O. AND P.S. HATIGAON PIN- 781038 DIST.- KAMRUP(M) ASSAM ------------ Advocate for : MR. K N CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM Page No.# 3/4