DHANISWAR BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This order shall finally dispose of WP(C) No. 3355/2007, WHO No. 5095/2007 and WHO No. 5096/2007.

(2.) It appears that the matters have been placed before us because the learned Single Judge in his order dated 29.6.2007 passed in WHO No. 3355/2007 observed that the Petitioner was claiming the relief in view of the order dated 12.3.2007 passed by the High Court in WHO Nos. 6403 of 2006 and 6405 of 2006. The learned Judge observed that the order dated 12.3.2007 passed in WHO Nos. 6403 and 6405 of 2006 were required to be reviewed in view of the order dated 18.6.2007 passed by the High Court in WHO No. 5061 of 2006 reviewing its earlier order dated 13.11.2006.

(3.) Before coming to the controversy it is to be noted that Assam Public Services (Appointment of family members of persons killed by extremists/terrorists) Rules, 1992 was promulgated under Notification No. ABP.181/91/65 dated 8.4.1992 observing that in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, the Government of Assam was pleased to make the said rules regulating the appointment in public services under the Government of Assam of the next of kin of persons who had been killed in violent activities in the hands of the extremists since 1.1.1985. From a perusal of the said preamble of the rules, it would clearly appear that the said rules were brought into force with a laudable object that the kin and kith of the persons who died in the violent activities or in the hands of the extremists do not suffer unnecessarily.