Gauhati High Court
Sardary Basphore vs The State Of Assam And 4 Ors on 6 April, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010132262020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3812/2020
SARDARY BASPHORE
S/O RAMLAL BASPHORE
RAJAMAIDAM ROAD, JORHAT, 1 ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE SECRETARY DEPARTMENT OF ELEMENTARY
EDUCATION, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI 6
2:THE SECRETARY
DEPARTMENT OF ELEMENTARY EDUCATION
GOVERNMENT OF ASSAM DISPUR
GUWAHATI 6
3:THE JOINT SECRETARY
DEPARTMENT OF ELEMENTARY EDUCATION
GOVT. OF ASSAM
DISPUR
GUWAHATI 6
4:THE DIRECTOR
STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING
ASSAM KAHILIPARA
GUWAHATI 19
5:THE PRINCIPAL
POST GRADUATE TRAINING COLLEGE
IASE
JORHAT ASSAM
6:THE COMMISSIONER AND SECRETARY
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DEPARTMENT OF FINANCE
GOVERNMENT OF ASSAM.
DISPUR
GUWAHATI - 6
Advocate for the Petitioner : MR. R BARUAH
Advocate for the Respondent : MR. B. KAUSHIK, SC, ELEM. EDU (Resp. Nos. 1 to 3)
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date :06.04.2022 Heard Mr. R. Baruah, learned counsel for the petitioner. Also heard Mr. B. Choudhury, learned standing counsel for the Elementary Education Department as well as Mr. A. Chaliha, learned standing counsel for the Finance Department.
Statement has been made by the learned standing counsel for Elementary Education Department that in so far as the said department is concerned, a proposal for regularization of service of the petitioner has already been sent to the Finance Department in the Month of September, 2021 and after that they have not received any input from the Finance Department.
The standing counsel for the Finance Department has submitted that the proposals are under examination and an appropriate decision could not be taken till date in order to give benefit to the petitioner of the order dated 06.09.2019, passed in WP(C) 7018 of 2016.
Be that as it may, as notice of motion has already been issued in this case by order dated 16.10.2020, the Court does not appreciate the non-filing of affidavit-in-opposition by the respondent authorities.
Page No.# 3/3 Accordingly, the Court is inclined to provide that if no affidavit-in- opposition is filed by the respondents at least 2(two) days prior to the next date of listing, the matter would be heard and disposed of on the basis of materials available on record by invoking the doctrine of non-traverse.
List on 09.05.2022.
JUDGE Comparing Assistant