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SANDEEP MEHTA, SOUMITRA SAIKIA
Naren Das, Son of Late Dandiram Das – Appellant
Versus
State of Assam, represented by the Chief Secretary of the Government of Assam – Respondent
JUDGMENT :
(Sandeep Mehta, J.)
1. This intra-Court writ appeal is directed against the judgment & order dated 27.09.2022 whereby, WP(C) No.794/2022 preferred by the petitioners/appellants was dismissed and the challenge laid therein to the common Notification dated 26.08.2021 issued by the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department notifying the upper age limit of Gaonburas was negated.
2. Mr. S.K. Goswami, learned counsel representing the appellants/writ petitioners vehemently and fervently contended that the appellants/writ petitioners were appointed as Gaonburas (substituted by the word Gaon Pradhan) under the Notification, which did not provide for any upper age limit. Rule 162A of the Notification whereunder, the appellants/writ petitioners were appointed as Gaonburas, did not stipulate any upper age limit and thus, the appellants/writ petitioners were holding a reasonable expectation and a virtual assurance of lifetime service benefit/engagement by virtue of their appointment under the Notification. It was contended that the amendment Notification of 2021 whereby, an upper age limit of 65 years was imposed is ultra vires the
The law is well settled that the legislature or the executive are competent to make rule or to issue executive instruction following the due procedure laid down under the Constitution of India as pro....
The main legal point established in the judgment is that the appointment of public officials must adhere to the relevant Executive Instructions and regulations, and legitimate expectations cannot be ....
Appointment processes should adhere to operative guidelines at selection time; when such guidelines are abeyant, precedent norms applicable prior to them may be followed.
Point of Law : Respondent authority has failed to exercise its power while dealing with the application for relaxation of the age, preferred by the petitioners.
Point of Law : Legislature may pass laws with retrospective effect subject to the recognized constitutional limitations, it is equally well settled that no retrospective effect should be given to any....
Age relaxation granted to certain categories of candidates under G.O.Ms.No.23 dated 31-05-2001 and G.O.Ms.No.9 dated 17.05.2011 is applicable to all eligible candidates, even if a recruitment notific....
The court established that validly appointed officials cannot be removed without due process, and that age regulations must be adhered to in public service appointments.
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