Gobinda Rajbangshi v. The State of Assam and 3 Ors

ORDER Date : 08-05-2024 Heard Ms. A. Bhattacharya, learned counsel for the petitioner as well as Mr. T. Deuri, learned counsel appearing on behalf of Mr. R.S. Deuri, learned standing counsel for the Soil Conservation Department appears for all the respondents.

¶2The learned counsel for the petitioner has submitted that when the writ petition was filed, the petitioner was agitated by not allowing him to join service despite the order reinstating him in service. However, during the pendency of the writ petition, the petitioner has been superannuated and therefore, she presses prayer no.2 of this writ petition for issuance of a direction upon the respondent authorities to release the outstanding arrear salary of the petitioner.

¶3The learned counsel for the respondents had produced a copy of the order dated 05.02.2024 passed by this Court in WP(C) was arrayed as 1557/2023, wherein the petitioner herein was arrayed as the petitioner no.1.

¶4Although the learned counsel for the petitioner projects that the said writ petition was only for claiming unpaid earned leave, but it appears from Page No.# 3/3 paragraphs 6 and 7 of the said order that this Court had directed the respondents to release the salary dues of the petitioner within a period of 90 days.

¶5Therefore the Court is of the considered view that the said order dated

05.02.2024 passed in WP(C) 1557/2023 also encompasses the claim made by the petitioner in prayer no.2 of the writ petition.

¶6Therefore, this writ petition stands closed with a direction to the respondent authorities to comply with the directions issued by this Court in paragraph-7 of the order dated 05.02.2024, passed in WP(C) 1557/2023, within a time limit of 90 (ninety) days from the date of receipt of certified copy of this order for sanction of the supplementary demand for the arrear salary of the petitioner.

¶7Accordingly, this writ petition stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010078552020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2388/2020o GOBINDAoRAJBANGSHIo S/O-oLT.oGANGARAMoRAJBANGSHI,oR/O-oH.NO.o14,oSARBODAIoNAGAR,o LALMATI,oBORSOJAI,oP.O.oANDoP.S.oBASISTHA,oGHY-29oDIST.-oKAMRUPo(M), ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oSOILo CONSERVATIONoDEPTT.,oDISPUR,oGHY-6,oASSAM 2:THEoDIRECTOR oSOILoCONSERVATION oGHY-6 oDIST.-oKAMRUPo(M) oASSAM 3:THEoMANAGINGoDIRECTOR oASSAMoPLANTATIONoCROPSoDEVELOPMENToCORPORATIONoLTD. oOPP.oSARUSAJAIoNATIONALoSTADIUMoCOMPLEX oSAWKUCHI oN.H.-o37 oLAKHARA oGHY-40 oDIST.-oKAMRUPo(M) oASSAM 4:MD.oOMARoALIoBADSHAH oACSo(MANAGINGoDIRECTOR) oASSAMoPLANTATIONoCROPSoDEVELOPMENToCORPORATIONoLTD. oOPP.oSARUSAJAIoNATIONALoSTADIUMoCOMPLEX oSAWKUCHI Page No.# 2/3 N.H.- 37 LAKHARA GHY-40 DIST.- KAMRUP (M) ASSA Advocate for the Petitioner : MR. R K BORAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA