Dhiren Bharali and 8 Ors v. The State of Assam and 4 Ors

ORDER

04.11.2024 Heard Shri C Goswami, learned counsel for the applicants, who by means of this application, has prayed for review of the judgment and order dated 05.08.2024 passed in WP(C)/5123/2020.

¶2Also heard Shri B Sarma, learned Standing Counsel, AG appearing for the respondent no. 5. Page No.# 4/5

¶3The present review has been sought for in connection with the observation made by this Court in paragraph 13 of the aforesaid judgment whereby the benefit of the order was confined to those petitioners who were the petitioners in WP(C)/279/2015. For ready reference, paragraph 13 of the said judgment is extracted hereinbelow:

"13. In view of the aforesaid discussions, this Court is of the considered opinion that interest of justice would be served and the equities would be balanced if a direction is issued to give notional benefits to the petitioners at least from the date of expiry of 6 months from the judgment dated

15.05.2017 passed in WP(C)/279/2015 as it was the time prescribed for considering and giving such promotions. This Court is fortified by the fact that the eligibility of the petitioners is not in doubt as the Department had itself granted them the promotion on 10.01.2020 to the post of Assistant Engineer. It is made clear that the benefits to be granted to the petitioners would be only notional and they would not be entitled any back wages. Further, under the peculiar facts and circumstances, the present order would be confined only to the petitioners as the earlier direction passed by this Court on 15.05.2017 in WP(C)/279/2015 was only pertaining to them and accordingly, the present order would not be a precedent for any other candidates."

¶4Shri Goswami, learned counsel for the review petitioner has submitted that when the petition was allowed and the benefit appears to have been given to all the twelve numbers of petitioners, confining the same to only two out of those who were the petitioners in the earlier WP(C)/279/2015 may not be proper and therefore, a clarification be granted that such benefits be is given to all the petitioners in the Page No.# 5/5 concerned WP(C)/5123/2020.

¶5The aforesaid submission has been duly considered.

¶6The order dated 05.08.2024 by which the writ petition was disposed of had taken into consideration the earlier direction passed by this Court on 15.05.2017 passed in WP(C)/279/2015 in which, there were only two numbers of petitioners. However, in the subsequent WP(C)/5123/2020, apart from those two petitioners, there were ten other petitioners. This Court had taken into consideration that the foundation of the case was based on the earlier direction passed by this Court vide judgment dated 15.05.2017 which pertains to only two numbers of writ petitioners. In view of the aforesaid facts and circumstances, this Court had taken a conscious decision and accordingly, directed that the order dated 05.08.2024 would be confined only to those petitioners who had earlier approached this Court in WP(C)/279/2015.

¶7In view of the aforesaid circumstances, this Court is of the opinion that no case for review is made out in the instant application. Even otherwise, the powers to be exercised by this Court under review jurisdiction is a circumscribed one wherein only under limited conditions, such powers are to be exercised. In the instant case, none of those conditions exist and therefore, the instant petition is dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010183052024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o Review.Pet./180/2024oin WP(C)/5123/2020o(D/O)o DHIRENoBHARALIoANDo8oORSo S/O.oSRIoDHANOoRAMoBHARALI,oVILL.oKAIHATI,oP.O.oSOLMARA,oPIN- 781338,oDIST.oNALBARI,oASSAM. 2:oJYOTISHoCH.oDAS oS/O.oSRIoGANGADHARoDAS oVILL.oPATANI oP.O.oHAJO oDIST.oKAMRUP oASSAM oPIN-781102. 3:oHITESHoDEKA oS/O.oJOYoCH.oDEKA oR/O.oDISPUR oGUWAHATI-06 oDIST.oKAMRUPo(M) oASSAM oPIN-781006. 4:oBHUPENoBARUAH oS/O.oLT.oCHANDRAoKR.oBARUAH oR/O.oNO.2oBANKoCOLONY oNORTHoHAIBORGAON oP.O.oHAIBORGAON oDIST.oNAGAON oASSAM oPIN-782002. 5:oBHASKARoJYOTIoBARUAH oS/O.oLT.oNARESWARoBARUAH oR/O.oMADHUPUR PageoNo.#o2/5 oWORDoNO.28 oDIST.oBISWANATH oASSAM oPIN-784176. 6:oMOUSUMIoKAKATI oW/O.oMR.oKHAGESHoDEKA oVILL.oKETEKIBARI oP.O.oTEZPUR oDIST.oSONITPUR oASSAM oPIN-784001. 7:oJADABoCH.oBARMAN oS/O.oLT.oJATINDRAoMOHANoBARMAN oR/O.oB.R.oDEKAoPATH oJALUKBARI oGUWAHATI-14 oDIST.oKAMRUPo(M) oASSAM oPIN-781013. 8:oPRANABoKR.oMARKARY oS/O.oLT.oLAKHESWARoMAKRARY oR/O.oPADUMoNAGARoPATHoNO.2 oP.O.oBOIRAGIMATH oDIST.oDIBRUGARH oASSAM oPIN-786003. 9:oGOBINDAoRABHA oS/O.oLT.oDANDIoRAVA oR/O.oPACHIMoBORAGAON oGUWAHATI-33 oDIST.oKAMRUPo(M) oASSAM oPIN-781033o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOF PANCHAYAToANDoRURALoDEVELOPMENT,oDISPUR,oGUWAHATI-06. 2:THEoCOMMISSIONER Page No.# 3/5 DEPTT. OF PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI-37. 3:THE SECRETARY GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DISPUR GUWAHATI-06. 4:THE SECRETARY GOVT. OF ASSAM DEPTT. OF FINANCE DISPUR GUWAHATI-06. 5:THE ACCOUNTANT GENERAL (A AND E) ASSAM BELTOLA MAIDAMGAON GUWAHATI-29 Advocate for the Petitioner : MR C GOSWAMI, Advocate for the Respondent : SC, P AND R.D., SC, FINANCE DEPTT.,SC, AG BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI