SAMINDRA NATH KALITA Vs. STATE OF ASSAM
LAWS(GAU)-2018-7-161
HIGH COURT OF GAUHATI
Decided on July 27,2018

Samindra Nath Kalita Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

NELSON SAILO, J. - (1.) Heard Mr. D.K. Sarmah, the learned counsel for the petitioners. Also heard Mr.M. R. Adhikari, the learned State Counsel appearing for the respondent Nos.5 and 7 and Ms. M. Bhattacharya, the learned counsel for the respondent No.4.
(2.) The petitioners are surrendered militants who have joined back the main stream on 04.04.2000, 01.03.2000 and 04.04.2000 respectively. Upon joining the main stream, they sought for rehabilitation by submitting applications for employment under the Public Works Department of the State Government. It may be noticed that the applications submitted by the petitioner No.1 and the petitioner No.2 were forwarded to the State Government in the Public Works Department by the Additional Chief Engineer (Planning) Public Works Department vide communication dated 30.05.2008 and dated __ January, 2001 respectively. While the applications submitted by the petitioners were not favourably considered, similarly situated persons were considered and appointed either to the Grade-III or Grade-IV posts under the Public Works Department. The petitioners having come to learn about the same have sought for similar benefit by filing the present writ petition.
(3.) It is an admitted position that a scheme has been formulated by the Government of India in the Ministry of Home Affairs laying down the criteria and the reliefs that can be granted to surrendered militants. This can be noticed from the affidavit-in-opposition filed by the respondent No.7 on 17.05.2016 and thereafter, on 15.03.2017. The 2 (two) affidavits disclose that the writ petitioners after they surrendered were paid Rs.2,000/- each for 12 months while they were staying in designated camps as per the scheme of surrender-cum-rehabilitation. The revised scheme for surrender-cum-rehabilitation of militants in the North- East issued by the Ministry of Home Affairs, Government of India which is a part of the Government of India's letter No. 11011/66/98-NE IV dated 10.05.2005 has been annexed by the respondent No.7 in the affidavit-in-opposition dated 15.03.2017. The revised scheme is said to have come into effect from 01.04.2005.;


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