Gauhati High Court
Rajib Pani Phukan vs The State Of Assam And 3 Ors on 27 September, 2019
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/3
GAHC010235152019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7312/2019
1:RAJIB PANI PHUKAN
S/O- LT AKHIL PANI PHUKAN, R/O- FLAT NO. A-11, 504 GAMES VILLAGE,
LALMATI, P.O. BASISTHA, P.S. BASISTHA, DIST- KAMRUP (M), PIN- 781029,
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, INFORMATION
AND PUBLIC RELATIONS DEPTT., DISPUR, GHY-06
2:THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM
INFORMATION AND PUBLIC RELATIONS DEPTT.
DISPUR
GHY
ASSAM
PIN- 781006
3:THE DIRECTOR OF INFORMATION AND PUBLIC RELATIONS ASSAM
DISPUR
GHY-06
DIST- KAMRUP (M)
ASSAM
4:THE ACCOUNTANT GENERAL
MAIDAMGAON
BELTOLA
GHY
PIN- 78102
Advocate for the Petitioner : MR. S R GOGOI
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 27-09-2019 Heard Mr. S.R. Gogoi, learned counsel for the petitioner.
2. Considering the nature of grievances projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself with the consent of the learned counsel for the petitioner.
3. The petitioner was appointed temporarily as Assistant Public Relation Officer (Ex-cadre post) in the Directorate of Information & Public Relations, Assam vide Order dated 02.11.1996 (Annexure-2). Pursuant to his appointment, the petitioner has been regularized in service and working as such till date. He was also promoted to the next higher post of Special Information Officer to the Chief Minister of the State. According to the petitioner on 26.07.2019, he received his pay slip and for the first time, he came to learn that he was due to superannuate from service on 01.11.2019.
4. The learned counsel submits that the petitioner in fact as per his High School Leaving Certificate will be attaining the age of superannuation only on 31.10.2020. Being aggrieved, the petitioner filed a representation before the Additional Chief Secretary to the Government of Assam, Information & Public Relations Department on 11.09.2019. He therefore submits that the limited prayer of the petitioner at this stage, is that his representation dated 11.09.2019 may be considered by the said authority in accordance with law and Page No.# 3/3 within a specific time frame.
5. Mr. C. Baruah, learned Standing Counsel, Accountant General, Assam (respondent No. 4) at this stage submits that the representation submitted by the petitioner before the Director of Information & Public Relations was already considered and rejected by the said authority as is evident from the communication dated 07.09.2019 (Annexure-5).
6. However, considering the fact that the petitioner has submitted his representation before the respondent No. 2 on 11.09.2019, the same in my considered view should be considered and disposed of by way of a speaking order.
7. In view of above, this writ petition is disposed of with a direction to the respondent No. 2 to consider and dispose of the representation of the petitioner dated 11.09.2019 (Annexure-6) by way of a speaking order, within a period of 1 (one) month from today. Order to be passed shall be communicated to the petitioner.
8. The petitioner shall alongwith a certified copy of this order also furnish a copy of the writ petition to the respondent No. 2.
JUDGE Comparing Assistant