JIBON KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Sarma, learned counsel for the petitioners. Also heard Mr. J. Handique, learned standing counsel, Revenue Department, appearing for the respondent Nos. 1 and 2 and Mr. D. Nath, learned Government Advocate, appearing for the respondent Nos. 3, 4, 5 and 6.

(2.) The petitioners' case is that pursuant to an Employment Notice dtd. 18/7/2016 issued by the respondent No. 5, for filling up the post of Gaonburah of Mahimabari (4 No. Lat), Kakotykuri Gaon (7 No. Lat), Patigaon (4 No. Lat), Bajalkota Missing Gaon (6 No. Lat) and Shaidal Kacharigaon (1 No. Lat), the petitioners applied for the same. The petitioners were successful in the recruitment process and thereafter police verification was conducted with regard to their character and antecedent. The said verification was also completed and while the petitioners were awaiting for their appointment orders, the respondents issued the advertisement dtd. 28/5/2018 for filling up the vacant post of Gaonburahs of the villages that were already advertised by the Employment Notice dtd. 18/7/2016. The petitioners who belong to the Shaida Kacharigaon No. 1 Lat of Borhola Mouza under Titabor Revenue Circle in the district of Jorhat, Bajalkota and Miri Gaon No. 6 Lat of Borhola Mouza under Titabor Revenue Circle in the district of Jorhat and Mahimabari Grant No. 4 Lat of Amguri Kharikatiya Mouza under Titabor Revenue Circle in the district of Jorhat are before this Court challenging the fresh advertisement dtd. 28/5/2018.

(3.) The petitioners' counsel submits that the Employment Notice dtd. 18/7/2016 has not been cancelled, though the same appears to have been kept in abeyance vide W.T. Message dtd. 20/2/2017 issued by the Joint Secretary to the Government of Assam, Revenue and Disaster Management (LR) Department. The petitioners' counsel submits that the State respondents decided to issue a new advertisement dtd. 28/5/2018, for filling up the above mentioned posts of Gaonburah, in view of there being amendments made to the Executive Instructions contained in the Assam Land Revenue Regulations, 1886 (hereinafter referred to as the "1886 Regulations"). He submits that the amendments have been made by way of the Assam Land Revenue Regulations, 1886 (Amendment) 2018, hereinafter referred to as the "2018 Amendment" vide Notification dtd. 10/4/2018.