Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 22122 (GAU)

SIDDHARTHA RAJ BORDOLOI v. THE STATE OF ASSAM AND 2 ORS.

WP(C)/7040/2024 · 2025-02-16

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010015752025 2025:GAU-AS:1643 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/313/2025 SIDDHARTHA RAJ BORDOLOI S/O LATE TARUN KUMAR BORDOLOI RESIDENT OF RUKMIIGAON HOUSING COLONY PO AND PS DISPUR GUWAHATI 06 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM LABOUR AND EMPLOYMENT DEPT. DISPUR GWUAHATI 06 ASSAM 2:THE DY. SECY. TO THE GOVT. OF ASSAM LABOUR AND EMPLOYMENT DEPARTMENT DISPUR GUWAHATI-06. 3:THE LABOUR COMMISSIONER ASSAM OFFICE OF THE LABOUR COMMISSIONER GOPINATH NAGAR GUWAHATI- 16. ------------ Advocate for : ANAMIKA BORO Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ORS Advocate for the Petitioner : ANAMIKA BORO, MRS. P GOSWAMI Advocate for the Respondent : GA, ASSAM, Page No.# 2/4 Linked Case : WP(C)/7040/2024 SIDDHARTHA RAJ BORDOLOI S/O- LATE TARUN KUMAR BORDOLOI R/O- RUKMININAGAR HOUSING COLONY P.O./ P.S.- DISPUR DISTRICT- KAMRUP(M) ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM LABOUR AND EMPLOYMENT DEPARTMENT DISPUR GUWAHATI-06. 2:THE DY. SECY. TO THE GOVT. OF ASSAM LABOUR AND EMPLOYMENT DEPARTMENT DISPUR GUWAHATI-06. 3:THE LABOUR COMMISSIONER ASSAM OFFICE OF THE LABOUR COMMISSIONER GOPINATH NAGAR GUWAHATI- 16. ------------ Advocate for : MS N SAIKIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 2 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 17.02.2025 Heard Ms. N. Saikia, learned Counsel for the petitioner. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam. 2. This interlocutory Application is being filed seeking direction to the effect of disposal of the WP(C) No. 7040/2024 in similar line that of WP(C) No. 128 of 2025. 3. Ms. N. Saikia, learned Counsel for the petitioner submits that in terms of the order passed by this Court on 10.01.2025 in W.P(C) No. 128/2025 which is of similarly situated person, a similar direction for granting liberty to the petitioner for submitting representation and the disposal of the same in terms of the aforesaid order dated 10.01.2025 be passed in the instant writ petition. 4. Mr. A. Chakraborty, learned Government Advocate fairly concedes to the aforesaid submission, made by the learned Counsel for the petitioner. 5. In view of the above it appears that the issue involved in this writ petition can be disposed of in the line of this Court’s order dated 10.01.2025 passed in W.P(C) No. 128/2025. 6. Ordered accordingly. 7. Resultantly, the writ petitioner is granted liberty to submit a representation seeking relaxation of the age limit of 45 years incorporated in Rule 6 [6] [a] of Assam Labour Service Rules, 1970 as amended before the competent authority within 10 working days from today and upon such representation being filed, the competent authority shall consider such representation from the perspective of hardships and all other necessary facts Page No.# 4/4 and circumstances including the fact that the petitioner satisfies the condition of 10 years experience in the feeder cadre of Senior Assistant for the post of Labour Inspector as expeditiously as possible but within an outer limit of 15 days from the date of receipt of such representation. 8. The competent authority shall also consider while considering of the writ petition, the projection made by the petitioner that on previous occasions, promotions have been effected in a number of cases by promoting incumbents, who were more than 45 years of age at the time of promotion. 9. This order disposes of the writ petition. Accordingly, the interlocutory application stands disposed of. JUDGE Comparing Assistant