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2023 Supreme(Gau) 204

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


Advocates Appeared:
For the Appellants : Mr. Mr. S.K. Goswami, Ms. S. Goswami, Mr. P. Kalita.
For the Respondents: Mrs. R.B. Bora, Mr. J. Handique.

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

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