The Chief Executive Officer v. Biswajit Nath and 3 Ors

ORDER

19.01.2024 Heard Mr. S. Bora, learned Standing Counsel, GMDA and Mr. K.N. Choudhury, learned Sr. Counsel assisted by Mr. N. Gautam, learned counsel Page No.# 4/5 appearing on behalf of the writ petitioner. This is an application seeking leave of the Hon'ble Court to publish the final result of the selection process of Assistant Engineer, Assistant Architect, Junior Engineer, Junior Engineer (Architecture) for the office of the Guwahati Metropolitan Development Authority. This Court vide order dated 30.03.2022, passed in WP(C) Nos.2252/2022 with WP(C) No. 2307/2022, while issuing notice in the writ petitions filed by the petitioner, was pleased to direct that the final result of the selection process shall not be published without leave of the Court. The selection process having been completed, the applicant has now filed the instant leave application. Mr. K.N. Choudhury, learned Sr. Counsel submits that in the meantime, the office of the GMDA by notification dated 19.10.2023 has taken a decision to regularize the contractual/casual employees of GMDA except that those employees will not be entitled to any grant of pensionery benefits. A copy of the said notification dated 19.10.2023 has been placed on record by Mr. S. Bora, learned Standing Counsel, GMDA. In view of the said notification, Mr. K.N. Coudhury, learned Sr. Counsel prays that the issues raised in the writ petition has already been met with except that of the pensionery benefits of the writ petitioners and as such, prays that the said issue may be kept open in the connected writ petition. In view of the above, there is no justification to withhold the subject select list. As such, the order dated 30.03.2022 passed in WP(C) Nos.2252/2022 with WP(C) No. 2307/2022 is modified to the extent that the final result of the selection process shall be published. Accordingly, the I.A. stands allowed granting leave to the applicant to Page No.# 5/5 publish the result of the selection process dated 11.03.2022 for Assistant Engineer, Assistant Architect, Junior Engineer, Junior Engineer (Architecture) for the office of the Guwahati Metropolitan Development Authority. The I.A. stands disposed off. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010245752023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3260/2023o THEoCHIEFoEXECUTIVEoOFFICERo (GMDA),oSTATFEDoBUILDING,oBHANGAGARH,oGUWAHATIo781005,oDIST-o KAMRUPo(M),oASSAM VERSUSo BISWAJIToNATHoANDo3oORSo S/O-KAMALESWARoNATH,oR/O-oHOUSEoNO.45,oJUGASHREEoNAGAR,o SONAIGHULIoROAD,oKAHILIPARA,oGUWAHATI-19,oDIST-oKAMRUPo(M),o 2:MAMONIoBARUAH oW/O-MODIToRANJANoGOGOI oR/O-oFLAToNO.oL-7 BRAHMAPUTRAoHOUSINGoCOMPLEX oBHETAPARA o GUWAHATI-28 oDIST-oKAMRUPo(M) oASSAM 3:POMPIoCHOUDHURY oD/O-ASHWINIoKUMARoCHOUDHURY oR/O-oNATUNoNAGARo(NEARoTVoTOWER) oINDRAPUR oGUWAHATI-32 oDIST-oKAMRUPo(M) oASSAM 4:SUDIPTAoPRASADoSARMA oS/O-AMBIKAoPRASADoSARMA oR/O-oHOUSEoNO.179 Page No.# 2/5 OPPOSITE NAGALAND HOUSE CHACHAL ROAD SIXMILE GUWAHATI-22 DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. S BORA Advocate for the Respondent : MR. K N CHOUDHURY Linked Case : WP(C)/2252/2022 BISWAJIT NATH AND 3 ORS S/O-KAMALESWAR NATH R/O- HOUSE NO.45 JUGASHREE NAGAR SONAIGHULI ROAD KAHILIPARA GUWAHATI-19 DIST- KAMRUP (M) 2: MAMONI BARUAH W/O-MODIT RANJAN GOGOI R/O- FLAT NO. L-7 BRAHMAPUTRA HOUSING COMPLEX BHETAPARA GUWAHATI-28 DIST- KAMRUP (M) 3: POMPI CHOUDHURY D/O-ASHWINI KUMAR CHOUDHURY R/O- NATUN NAGAR (NEAR TV TOWER) INDRAPUR GUWAHATI-32 DIST- KAMRUP (M) 4: SUDIPTA PRASAD SARMA S/O-AMBIKA PRASAD SARMA Page No.# 3/5 R/O- HOUSE NO.179 OPPOSITE NAGALAND HOUSE CHACHAL ROAD SIXMILE GUWAHATI-22 DIST- KAMRUP (M) VERSUS THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY AND 2 ORS REPRESENTED BY THE CHAIRMAN STATFED BUILDING BHANGAGARH GUWAHATI 781005 DIST- KAMRUP (M) 2:THE CHIEF EXECUTIVE OFFICER (GMDA) STATFED BUILDING BHANGAGARH GUWAHATI 781005 DIST- KAMRUP (M) 3:THE SECRETARY (GMDA) STATFED BUILDING BHANGAGARH GUWAHATI 781005 DIST- KAMRUP (M) ------------ Advocate for : MR. K N CHOUDHURY Advocate for : SC G M D A appearing for THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY AND 2 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI