LAWS(GAU)-2021-10-65

RUMI GOGOI Vs. STATE OF ASSAM

Decided On October 08, 2021
Rumi Gogoi Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. A.R. Bhuyan, learned counsel for the petitioner and Mr. D. Mozumdar, learned Additional Advocate General for the State, assisted by Mr. D. Nath, learned Senior Government Advocate.

(2.) In brief, the case of the petitioners is that by filing W.P.(C) No. 2725/2010, they had assailed the selection process of Armed Branch Constable in the Assam Police which was undertaken in the year 2009. By judgment and order dtd. 22/2/2019, this Court had disposed of the said writ petition by directing the respondent authorities to consider the cases of the petitioners in the said writ petition for appointment in Armed Branch Constable (hereinafter referred to as 'AB Constable' for short) or in any other equivalent post in the vacancies available and it was further ordered that the respondent authorities would not fill up the post of AB Constable without considering the cases of the petitioners. Pursuant to the said judgment dtd. 22/2/2019, the Director General of Police (respondent no.2), by passing a speaking order dtd. 21/10/2019 purportedly in compliance of W.P.(C) 2725/2010, rejected the cases of the petitioners, thereby disentitling them for appointment as AB Constable in the Assam Police. On the ground that the said speaking order is in willful disobedience to the judgment dtd. 22/2/2019 passed in W.P. (C) No. 2725/2010, the petitioner nos. 131 to 134 herein had filed a contempt petition, which was registered as Cont. Cas (C) No. 698/2019.

(3.) In the meanwhile an employment advertisement was issued on 25/4/2018, for recruitment of 5494 posts of AB Constables/UB Constables in the Assam Police. This was followed by an Addendum advertisement dtd. 19/12/2019, by which upon receipt of approval for recruitment of another 1168 posts (UB Constable - 540 and AB Constable 628) in Assam Police, as such, it was envisaged that 6662 posts of AB/UB Constables would be filled up. It is projected in this writ petition that the petitioners have assailed the subsequent recruitment process before this Court by filing W.P.(C) 2725/2020 and W.P.(C) 3020/2020.