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2025 DAILYLAW 14960 (GAU)

HITESH DEKA v. THE STATE OF ASSAM AND 2 ORS.

Review.Pet./193/2025 · 2025-08-03

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010138922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./193/2025 HITESH DEKA S/O. LT. GIRINDRA DEKA, VILL.- NALICHA, P/S. BELSAR, DIST. NALBARI, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN OF STATE LEVEL COMMITTEE (SLC), DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM ANIMAL HUSBANDARY AND VETERINARY DEPARTMENT DISPUR GUWAHATI-06. 3:THE COMMISSIONERY AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 Advocate for the Petitioner : MR. S RANA, MR. N J DUTTA Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 04.08.2025 Heard Mr. N. J. Dutta, learned counsel for the review petitioner. Also heard Page No.# 2/3 Ms. U. Sharma, learned Junior Government Advocate for the State of Assam and Mr. R. Barpujari, learned Standing Counsel for the Finance Department. This review petition is filed seeking correction of the Order dated 05.05.2025 passed in WP(C) No. 2326/2023 which was earlier filed by the review petitioner as writ petition. Mr. Dutta has referred to paragraph 2 in the Order dated 05.05.2025 where the Court had recorded the following : “The grievance of the petitioner is that though the petitioner filed his application for appointment under the die-in- harness scheme before the Authority in time, however, till date his case has not been placed before the District Level Committee (DLC).” It is submitted by the learned counsel for the review petitioner that it was wrongly recorded in the order that case of the petitioner has not been placed before the District Level Committee (DLC) where as factually the case of the petitioner was placed before the District Level Committee (DLC) as well as State Level Committee (SLC) and it was rejected by the State Level Committee (SLC). The State Level Committee (SLC) could not accommodate the writ petitioner due to the non availability of the vacancy. Ms. U. Sharma, learned Junior Government Advocate for the State of Assam and Mr. R. Barpujari, learned Standing Counsel for the Finance Department does not object to the prayer made by the review petitioner. Considering the submissions made and upon careful perusal of the Order dated 05.05.2025, it is seen that the Court had recorded that the case of the petitioner was not placed before the District Level Committee (DLC). Upon consideration of the averments made in the writ petition as well as from a perusal of the minutes of the State Level Committee (SLC) held on Page No.# 3/3 13.09.2022, it is seen that at paragraph 2 of the Order dated 05.05.2025 this Court had recorded that the case of the petitioner had not been placed before the District Level Committee (DLC). The learned counsel for the applicant/petitioner submits that this finding of the Court requires correction, as the petitioner’s case was considered by the District Level Committee (DLC) as well as by the State Level Committee (SLC). Accordingly, in paragraph 2 the observation of the Court that the case has not been placed before the District Level Committee (DLC) stands corrected and it is held that the case of the petitioner was placed before the District Level Committee (DLC) as well as the State Level Committee (SLC). Pursuant to which the petitioner’s case could not be considered by the State Level Committee (SLC) for appointment due to lack of vacancies. Paragraph 2 in the Order dated 05.05.2025 passed in WP(C) No. 2326/2023 is therefore stands corrected as above. This order will be read together with the Order dated 05.05.2025. Review petition stands disposed of in terms of the above. JUDGE Comparing Assistant