LILA WATI NEOG AND OTHERS Vs. STATE OF ASSAM AND OTHERS
LAWS(GAU)-2011-12-77
HIGH COURT OF GAUHATI
Decided on December 01,2011

Lila Wati Neog and others Appellant
VERSUS
State of Assam and Others Respondents

JUDGEMENT

B.P. Katakey, J. - (1.) The petitioners, who are the Grade-III employees of Assam Administration Staff College, by the present petition has challenged the order dated 29th May, 2002 passed by the Director of Training, Assam Administrative Staff College asking them to vacate the rooms which were earlier allotted to them and also the order dated 30th July, 2002 passed by the same authority rejecting the appeal filed by the petitioners. The petitioners have also challenged the order dated 16th September, 2003 issued by the said authority asking them to vacate their respective allotted rooms of the old Administrative Building by 30th September, 2003.
(2.) I have heard Mr. SN Sarma, learned senior counsel for the petitioners and Mr. BJ Ghosh, learned State counsel appearing for the respondents.
(3.) Mr. Sarma, learned senior counsel for the petitioners submits that though this writ petition was filed by the 4(four) Grade-III employees of the Assam Administrative Staff College, 1(one) petitioner, namely Sri Mahesh Ch. Bhattacharyya, has already vacated his allotted room, as he has shifted to his own house, in the meantime, and as such, the present writ petition is concerning the remaining 3(three) writ petitioners. Mr. Sarma submits that the petitioners were allotted with the rooms under their possession by the orders dated 7th November, 2000; 10th July, 2001 and 11th July, 2001 issued by the Director of Training, Assam Administrative Staff College on payment of 10% house rent and electrical charges per month and accordingly, the petitioners are occupying the said rooms as quarters since the year 2000-2001. It has also been submitted that the purpose for which they were asked to vacate the room, namely to accommodate the Secretariat Training School, as evident from the impugned order dated 16th September, 2003, presently does not exist, as the Secretariat Training School has, in the meantime, been accommodated in Assam Administrative Staff College, as is evident from the communication dated 15th February, 2005 issued by the Director of Training, Assam Administrative Staff College to the Principal Secretary, Government of Assam, Administrative Reforms and Training Department. Mr. Sarma producing a copy of the communication dated 1st August, 2011 issued by the Director of Training to the Principal Secretary, Government of Assam, Administrative Reforms and Training Department further submits that the budget allocation for the year 2011-2012 has been made for vertical extension of Grade-III quarters in 4(four) Blocks where the petitioners can be accommodated. The learned senior counsel, therefore, submits that the present petition may be disposed of directing the respondent authorities to reconsider the matter in view of the changed circumstances and to pass necessary order.;


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