Dhirendra Patowary v. The State of Assam and 15 Ors

ORDER Date : 01/08/2024 Vijay Bishnoi, CJ

Heard Mr. B. Chetri, learned counsel appearing for the review petitioner. We have also heard Ms. R.B. Bora, learned Government Advocate, Assam, appearing for respondent nos.1 & 3 and Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam, appearing for the respondent nos. 2 &

¶4This review petition is filed by the petitioner seeking review of the order dated 06/06/2024 passed in Writ Appeal No. 127/2024. The learned counsel for the review petitioner has submitted that this Court has failed to take Page No.# 5/5 into consideration the fact that some of the private respondents, who have not acquired the requisite qualification prior to coming into force of the Assam Secretariat Service Rules, 2019, were promoted ignoring the claim of the review petitioner. It is submitted that the Division Bench has recorded incorrect finding to the effect that the persons who were granted promotion, have acquired the qualification prior to coming into force the Rules of 2019. It is submitted that the said factual aspect had been clarified by the appellant in his appeal, specifically in para nos. 7, 9 & 10, but the same were not taken into consideration by the Division Bench. We have heard the learned counsel for the review petitioner. As a matter of fact, the arguments advanced in the writ appeal have been taken into consideration by this Court and thereafter, a finding was recorded to the effect that some of the employees who had not acquired the requisite qualification before coming into force the Rules of 2019, have been provided promotion because in their cases, the process for promotion was started prior to coming into force of the Rules of 2019. Learned counsel for the review petitioner attempted to argue the matter again on merits, which amount to re-hearing. However, the same is not permissible under the review jurisdiction. Hence, we do not find any ground for review/recall of the order dated 06/06/2024 passed in WA No. 127/2024. The review petition stands dismissed.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/5 GAHC010136712024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./122/2024o DHIRENDRAoPATOWARYo S/OoLATEoCHANDICHARANoPATWORY,oR/OoJOTIAoMANDAKINIoPATH,oP.O.- ASSAMoSACHIBALAYA,oDIST-KAMRUP(M),oPIN-781006 VERSUSo THEoSTATEoOFoASSAMoANDo15oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oDISPUR,oGUWAHATI-781006 2:THEoCOMMISSIONERoANDoSECRETARY oGENERALoADMINISTRATIONoDEPARTMENT o(ASSAMoSECRETARIAT) oGUWAHATI-781006 3:THEoCOMMISSIONERoANDoSECRETARY oPERSONNELo(B)oDEPARTMENT oGUWAHATI-781006 4:THEoCOMMISSIONERoANDoSECRETARY oFINANCEoDEPARTMENT oGUWAHATI-781006 5:SAKAYAToHUSSAIN PageoNo.#o2/5 oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 6:RAJGIRIHoSING oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 7:AMULYAoCHANDRAoBORA oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 8:PRANABoKR.oSAIKIA oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 9:SAWANoKUMARoRAI oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 10:SMTIoMINAoDUTTA PageoNo.#o3/5 oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 11:JAJNESWARoRAJKHOWA oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 12:SAMBHUoNATHoTHAKURIA oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 13:MRINALoCHANDRAoDAS oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM 14:SMTIoDIPALIoBORA oASSAMoSECRETARIAT oGUWAHATI-6 oPIN-781006 oASSAM Page No.# 4/5 15:MRS. HASINA BEGUM (R) C/O COMMISSIONER AND SECRETARY G.A.D. GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-6 PIN-781006 ASSAM 16:DULAL CH KALITA (R) C/O COMMISSIONER AND SECRETARY G.A.D. GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-6 PIN-781006 ASSA Advocate for the Petitioner : MR. B CHETRI, MR. S CHETRY Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM