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2024 Supreme(Online)(GAU) 12766
GAHC010234602024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5766/2024 HIRONYA KALITA S/O LATE TULASHI KALITA R/O VILL-KAMARGAON, P.O. PITIYA P.S. KAMALABARI DIST. MAJULI, ASSAM PIN-785106 VERSUS ASSAM ELECTRICITY GRID CORPORATION LIMITED (AEGCL) AND 4 ORS REPRESENTED BY ITS CHAIRMAN, HAVING ITS OFFICE AT BIJULEE BHAWAN, PALTAN BAZAR, GUWAHATI-781001, KAMRUP (M), ASSAM
2:THE MANAGING DIRECTOR ASSAM ELECTRICITY GRID CORPORATION LIMITED (AEGCL)
BIJULEE BHAWAN (FIRST FLOOR) PALTAN BAZAR GUWAHATI-781001.
3:THE GENERAL MANAGER (HR) I/C ASSAM ELECTRICITY GRID CORPORATION LIMITED (AEGCL)
BIJULEE BHAWAN (FIRST FLOOR )
PALTAN BAZAR GUWAHATI-781001.
4:THE ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN JAWAHAR NAGAR KHANAPARA GUWAHATI ASSAM-781022
5:THE COMMISSIONER FOR PENSIONS WITH DISABILITIES GOVERNMENT OF ASSAM LATAKATA BASISTHA GUWAHATI-781029 ASSA Advocate for the Petitioner : MRS. R S CHOWDHURY, MR R DAS,MS A CHOPHY,R.
CHAUHAN,MS G DAS Advocate for the Respondent : SC, AEGCL, SC, APSC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 20-11-2024 Heard Mrs. R.S. Chowdhury, learned counsel for the writ petitioner.
Perused the order dated 11-11-2024, by means of which, the matter was fixed today so as to permit Mr. S. Kataki, learned standing counsel, AEGCL to obtain preliminary instructions on the allegation made in the writ petition. Mr. Kataki has accordingly produced the relevant record to submit that a competent Medical Board has found the disability of the writ petitioner to be below 30%, which falls short of the “Benchmark Disability”. Since the petitioner fails to meet the required “Benchmark Disability”, no order of appointment was issued in his favour.
Mrs. Chowdhury has, however, strongly refuted such submission of the learned standing counsel, AEGCL and submits that the report relied upon by the authorities is incompetent and dehors the statute.
Adjudication on the above controversy, in the opinion of this Court, would undoubtly require complete pleadings of the parties to be brought on record. At the same time, this Court is also conscious of the fact that there is some urgency in the matter. This Court is, therefore, of the view that the matter would call for expeditious disposal.
Issue notice of motion returnable on 09-12-2024.
Since Mr. Kataki has accepted notice on behalf of respondent Nos. 1 to 3, Mr. A.
Dey, learned counsel has accepted notice for respondent No. 4 and Mr. C.S. Hazarika, learned Govt. Advocate, Assam for respondent No. 5, service of notice is deemed to be complete in this case.
Extra copies of the writ petition, requisite in numbers, be furnished to the learned departmental counsel so as to enable them to obtain instruction, if not already done.
Let this matter be listed again on 09-12-2024, as a fixed item.
Respondents to bring their stand on record by filing affidavit on or before 04-12-
2024, by serving advance copy upon the petitioner’s counsel.
As an ad-interim measure, it is hereby provided that one post of Jr. Manager (Elect.) pertaining to the “Low Vision” category shall be kept vacant till the next date fixed.
JUDGE GS Comparing Assistant Order downloaded on 03-02-2025 01:43:01 PM
