Gautam Bora v. The State of Assam and 5 Ors

ORDER

06.12.2023 Heard Mr. D Gogoi, learned counsel for the petitioner. Also heard Mr. A Baruah, learned counsel for the PHE Department, Government of Assam and Mr. R Saloi, learned Government Advocate, Assam.

¶2This review petition is against the order dated 29.05.2018 passed in WP(C)No.3538/2016 wherein in paragraph 7, it has been provided as extracted: "In the instant case, it is apparent that no such consideration was given more so in view of the fact that the matter was directly placed before the SLC without being considered by the DLC."

¶3While deciding the writ petition no material was placed before the Court Page No.# 4/5 that the claim of the petitioner was given a consideration by the DLC and accordingly, an order was passed that as the matter was directly placed before the SLC without being considered by the DLC, it be placed before the DLC concerned. But on facts, the application of the petitioner was considered by the DLC in its meeting dated 19.08.2011 and, therefore, a factual error had crept in the order dated 29.05.2018.

¶4It is contended that even after due diligence, the petitioner could not produce any material to establish the fact that the claim of the petitioner was placed before the DLC.

¶5Mr. A Baruah, learned counsel on the other hand raises an objection on the aspect of limitation inasmuch as, this review petition is filed against an order dated 29.05.2018. Even if the objection is accepted, considering the nature of the grievance raised in the review petition, if the correction sought to be made is not incorporated, the order of the Court would remain unimplementable, meaning thereby that the delay cause of action would arise in favour of the review petitioner. As it is a situation of the delay cause of action being arisen, it would be in appropriate to dismiss the review petition on the ground of delay in filing the review petition. Accordingly, the order dated 29.05.2018 stands corrected/modified to the extent that we have taken on record that the application of the petitioner was placed before the DLC in its meeting dated

19.08.2011, but, however, by retaining the other provisions in the order dated

29.05.2018 passed in WP(C)No.3538/2016.

¶6Accordingly, it is now directed that the recommendation made by the DLC dated 19.08.2011 be placed before the next available SLC.

Page No.# 5/5

¶7Review petition stands allowed subject to the correction as indicated above by retaining the other provisions of the order dated 29.05.2018 in WP(C)No.3538/2016. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010273832023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./131/2023o GAUTAMoBORAo S/O-oLATEoBHADRESWARoBORA,oR/OoVILL.oANDoP.O.-oBONGALGAON,oP.S.-o DERGAON,oDIST.-oGOLAGHAT,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPTT.oOFoPUBLICoHEALTHoENGINEERING,oDISPUR,oGUWAHATI-o781006. 2:THEoCHIEFoENGINEER oDEPTT.oOFoPUBLICoHEALTHoENGINEERING oHENGRABARI oGUWAHATI-781036. 3:THEoSUPERINTENDINGoENGINEER oPUBLICoHEALTHoENGINEERING oJORHAToCIRCLE oJORHAT oDIST.-oJORHAT oASSAM. 4:THEoEXECUTIVEoENGINEER oPUBLICoHEALTHoENGINEERING oBOKAKHAToDIVISION oBOKAKHAT oDIST.-oGOLAGHAT oASSAM. 5:THEoDEPUTYoCOMMISSIONER oGOLAGHAT oP.O. Page No.# 2/5 P.S. AND DIST.- GOLAGHAT ASSAM. 6:THE STATE LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND REP. HEREIN BY ITS CHAIRMAN CUM CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI- 781006 Advocate for the Petitioner : MR. D GOGOI Advocate for the Respondent : SC, P H E Linked Case : WP(C)/3538/2016 GAUTAM BORA S/O- LT. BHADRESWAR BORA R/O VILL. and P.O. BONGALGAON DERGAON DIST.- GOLAGHAT ASSAM. VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM DEPTT. OF PUBLIC HEALTH ENGINEERING ASSAM SECRETARIAT DISPUR GHY- 6. 2:THE CHIEF ENGINEER DEPTT. OF PUBLIC HEALTH ENGINEERING HENGRABARI GHY- 36. 3:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING JORHAT CIRCLE JORHAT DIST.- JORHAT ASSAM. 4:THE EXECUTIVE ENGINEER Page No.# 3/5 PUBLIC HEALTH ENGINEERING BOKAKHAT DIVISION BOKAKHAT DIST.- GOLAGHAT ASSAM. 5:THE DY. COMMISSIONER GOLAGHAT P.O. P.S. and DIST.- GOLAGHAT ASSAM. 6:THE STATE LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND REP. BY ITS CHAIRMAN DISPUR GHY- 6. ------------ Advocate for : MR.R PHUKAN Advocate for : MR.J I BORBHUIYA appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA