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2025 DAILYLAW 18369 (GAU)

RIJU DEKA v. THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 5 ORS

WP(C)/6269/2022 · 2025-04-03

Nelson Sailo

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010192812022 2025:GAU-AS:4023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6269/2022 RIJU DEKA D/O- LATE BIPIN DEKA, RESIDENT OF VILL- BHOTANTA MAHITARA, P.O. BHOTANTA MAHITARA, PIN- 781328. VERSUS THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 5 ORS REPRESENTED BY THE CHAIRMAN, APDCL, BIJULEE BHAWAN, GUWAHATI-01. 2:THE MANAGING DIRECTOR APDCL BIJULEE BHAWAN GUWAHATI-01. 3:THE CHAIRMAN OF THE SELECTION COMMITTEE-B APDCL/ AEGCL/ APGCL COMMITTEE CONSTITUTED FOR SELECTION TO THE POST OF SAHAYAK (EXPERIENCED) BIJULEE BHAWAN GUWAHATI-1. 4:THE CHIEF GENERAL MANAGER HRA APDCL BIJULEE BHAWAN GUWAHATI-1. 5:THE CHIEF EXECUTIVE OFFICER BARPETA ELECTRICAL CIRCLE Page No.# 2/5 APDCL ASSAM PIN- 781301. 6:THE SUB DIVISIONAL ENGINEER PATHSALA ELECTRICAL SUB DIVISION APDCL DIST.- BALAJI ASSAM PIN- 781325 Advocate for the Petitioner : MR. R MAJUMDAR, MR. R DEKA,MS. S. SAIKIA,MR H BEZBARUA,MRS P RAI Advocate for the Respondent : SC, APDCL, Linked Case : WP(C)/6631/2022 LALITA TALUKDAR D/O- SRI MADHAB TALUKDAR RESIDENT OF VILL. AND P.O. BHAWANIPUR P.S.- BARPETA DISTRICT- BARPETA ASSAM- 781352. VERSUS THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 6 ORS REPRESENTED BY THE CHAIRMAN APDCL BIJULEE BHAWAN GUWAHATI-01. 2:THE MANAGING DIRECTOR APDCL BIJULEE BHAWAN GUWAHATI-01. Page No.# 3/5 3:THE CHAIRMAN OF SELECTION COMMITTEE-B APDCL/ AEGCL/ APGCL COMMITTEE CONSTITUTED FOR SELECTION TO THE POST OF SAHAYAK (EXPERIENCED) BIJULEE BHAWAN GUWAHATI-1. 4:THE CHIEF GENERAL MANAGER HRA APDCL BIJULEE BHAWAN GUWAHATI-1. 5:THE CHIEF EXECUTIVE OFFICER BARPETA ELECTRICAL CIRCLE APDCL ASSAM. 6:THE SUB DIVISIONAL ENGINEER BARPETA ROAD ELECTRICAL SUB-DIVISION APDCL DISTRICT- BARPETA ASSAM. 7:HEMANTA BHUYAN C/O THE MANAGING DIRECTOR APDCL BIJULEE BHAWAN GUWAHATI-01. ------------ Advocate for : MR. U K NAIR Advocate for : SC APDCL appearing for THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 6 ORS BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 04.04.2025 Heard Mr. R. Mazumdar, learned counsel for the petitioners and Mr. B. Das, learned Standing Counsel, APDCL. Page No.# 4/5 [2.] The grievance projected by the petitioners in these two (2) writ petitions is that they applied for the post of Office-cum-Field Assistant under the APDCL but unfortunately found themselves as not selected. Of late, it came to their knowledge that the respondent authorities had not followed the women’s reservation in terms of the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005 (Act of 2005) and the Rules framed therein. Aggrieved, they are before this Court. [3.] At the outset, Mr. R. Mazumdar, learned counsel for the petitioners submits that two (2) similar and identical cases were taken up for consideration by a coordinate Bench of this Court i.e., WP(C) No. 1411/2020 and WP(C) No. 1241/2020 and the same were disposed vide a common Order dated 27.05.2022 by directing the respondent authorities to take into consideration the provisions of the Act of 2005 and the Rules framed thereunder and to give the benefit to the petitioners therein under the said Rules if the petitioners are found to be entitled after due scrutiny. The learned counsel submits that although the respondent authorities had undertaken such process, the case of the instant petitioners have not been considered and therefore a similar direction may be passed in the instant case as well since it is a squarely covered case. [4.] The learned Standing Counsel, APDCL also agrees that the instant case is covered by the Order dated 27.05.2022 as referred to herein above. Page No.# 5/5 [5.] Upon perusing the materials available on record including the Order dated 27.05.2022 as stated herein above, it only appears that the case of the petitioners are squarely covered by the earlier decision of this Court. Accordingly, the instant writ petition is disposed of in terms of the Order dated 27.05.2022 passed in WP(C) No. 1411/2022 and WP(C) No. 1241/2020. The respondent authorities shall undertake the exercise of considering the case of the petitioners in terms of the covered judgment as expeditiously as possible and at any rate, within a period of two (2) months from the date of receipt of a certified copy of this Order. [6.] With the above observation and direction, the writ petitions are disposed of. JUDGE Comparing Assistant