The Assam Taxation Officers' Association and Anr v. The State of Assam and 4 Ors

O R D E R .01.202

[(Lanusungkum

Jamir, C.J(Acting)] Heard Mr. M.K. Choudhury, learned Senior counsel, assisted by Mr. G. Baishya, learned counsel for the appellants. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam for respondent Nos.1 and 4. The present writ petition has been filed challenging the amendment made to the Assam Civil Service Rules, 1998 by a Notification dated 29.09.2015 wherein a new post of Senior Additional Commissioner of Taxes has been created in the Taxation Department in Schedule-I under Rule 3(2). Page No.# 3/3 Learned Senior counsel for the petitioners submits that despite the amendment of Assam Civil Service Rules, 1998, the same has not been implemented till date. He also submits that the petitioners' Association has filed a representation on 09.11.2015 addressed to the Chief Secretary to the Government of Assam with regard to the amendment of the Assam Civil Service Rules, 1998. Learned Senior counsel submits that without entering into the merits, this writ petition may be disposed of by directing the petitioners' Association to file a detailed representation before the respondent No.1/Chief Secretary to the Government of Assam and respondent No.4/Principal Secretary to the Government of Assam, Department of Personnel, (Personnel-A). Recording the submissions made by the learned Senior counsel for the petitioners, this writ petition is disposed of directing the petitioners' Association to file a detailed representation before the respondent Nos.1 and 4 within a period of 15 (fifteen) days from today. Thereafter, on receipt of the representation to be filed by the petitioners' Association, respondent Nos.1 and 4 shall consider and dispose of the same by a speaking order and in accordance with law within a period of two months from the date of receipt of the representation. With the aforesaid observations and directions, the writ petition is disposed of.

JUDGE CHIEF JUSTICE (ACTING)

Comparing Assistant

PageoNo.#o1/3 GAHC010230552016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/391/2016o THEoASSAMoTAXATIONoOFFICERS'oASSOCIATIONoandoANRo REP.oBYoITSoGENERALoSECRETARY,oKARoBHAWNA,oDISPUR,oG.S.oROAD,o GUWAHATIo-o781006. 2:oSRIoFULESWARoBASUMATARY oS/OoSRIoDADHIRAMoBASUMATARYoR/OoRUMIKINIoNAGAR oRUPALIMoPATH oBYLANEoNO.o3 oGUWAHATIo-o781006 oKAMRUPo oASSAM. 3:oSRIoFULESWARoBASUMATARY oS/OoSRIoDADHIRAMoBASUMATARYoR/OoRUMIKINIoNAGAR oRUPALIMoPATH oBYLANEoNO.o3 oGUWAHATIo-o781006 oKAMRUPo oASSAM.oGENERALoSECRETARY oASSAMoTAXATIONoOFFICERS'oASSOCIATION oKARoBHAWANo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPARTMENTo OFoFINANCEoTAXATIONoDISPUR,oGUWAHATI-o781006. 2:THEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFIXATIONoTAXATIONoDEPARTMENT oDISPUR oGUWAHATI-781006. Page No.# 2/3 3:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM FIXATION TAXATION DEPARTMENT DISPUR GUWAHATI-781006. 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF PERSONNEL PERSONNEL-A DISPUR GUWAHATI-781006. 5:THE COMMISSIONER OF TAXES ASSAM KAR BHAWAN DISPUR GUWAHATI-781006 Advocate for the Petitioner : MS.N HUSSAIN Advocate for the Respondent : BEFORE HON'BLE THE CHIEF JUSTICE (ACTING) MR. LANUSUNGKUM JAMIR HON'BLE MR. JUSTICE KARDAK ETE