Md. Abdul Kalam Azad v. The State of Assam and 3 Ors

ORDER Date : 05-01-2024 Heard Mr. A. Baruah, learned counsel appearing on behalf of the petitioner. Also heard Mr. S. Dutta, learned counsel appearing for respondent Nos. 1, 2 and 3 as well as Mr. J. K. Goswami, learned counsel appearing for respondent No. 4.

¶2The instant writ petition has been filed by the petitioner being aggrieved by the delay caused by the respondent authorities in making recruitment to the post of Lat Mandal (presently known as "Land Record Assistant") in terms with the Assam Land Records Subordinate Service Rules, 2023 (hereinafter referred to as "Service Rules of 2023"). It is the case of the petitioner that the petitioner, on account of the inaction on the part of the respondent authorities to carry out the recruitment process, has already crossed the maximum age limit prescribed for the said post, for which the present writ petition has been filed with a prayer to issue direction to the respondent authorities to consider the case of the petitioner for relaxation of age in terms of Rule 26 of the Service Rules of 2023.

¶3This Court, upon hearing the learned counsel appearing on behalf of the parties, is of the opinion that as no recruitment process has yet been initiated, passing any direction at this stage would be premature and also would not be in Page No.# 3/3 the interest of justice. Under such circumstances, this Court is not inclined to entertain the instant writ petition at this stage.

¶4Be that as it may, the petitioner, however, would be at liberty to approach this Court as and when any recruitment process is initiated and if the petitioner's representation for relaxation of age is not duly considered.

¶5The writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010262212023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6759/2023o MD.oABDULoKALAMoAZADo SONoOFoLATEoYAKUBoALI,oRESIDENToOFoVILLAGE-oURALKATAoPATHAR,o POSToOFFICE-oSAHARIAGAON,oDISTRICT-oMORIGAON,oASSAM,oPIN-o 782126 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARY,oREVENUEoANDoDISASTER MANAGEMENToDEPARTMENT,oASSAMoSECRETARIAT,oDISPUR,o GUWAHATI-o781006,oDISTRICT-oKAMRUPo(M),oASSAM 2:THEoDIRECTORoOFoLANDoRECORDSoANDoSURVEYSoETC. oASSAM oRAJAHoBHAWAN oRUPNAGAR oGUWAHATI-o781032 oDISTRICT-oKAMRUPo(M) oASSAM 3:THEoASSAMoSURVEYoANDoSETTLEMENToTRAININGoCENTRE oGOVERNMENToOFoASSAM oREPRESENTEDoBYoITSoPRINCIPAL oRAJAHNAGAR oDAKHINGAON oPOSToOFFICE-oSAWKUCHI oGUWAHATI-o781040 oDISTRICT-oKAMRUPo(M) oASSAM 4:DEPUTYoCOMMISSIONER oMORIGAON Page No.# 2/3 MORIGAON PIN- 782105 ASSA Advocate for the Petitioner : MR. A. BARUAH, MR. I KALITA Advocate for the Respondent : MR. S. DUTTA, SC, REVENUE MR. J. K. GOSWAMI, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH