KAMAL KRISHNA MISHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Goswami, learned counsel for the appellant. Also heard Mr. RKD Choudhury, learned Senior Government Advocate and Mr. R. Dhar, learned Senior Government Advocate for respondent nos.1 to 4 as well as Mr. F.U. Borbhuiya, learned counsel for respondent nos. 5 and 6.

(2.) The adjudication of the present appeal has narrowed down substantially in view of the stand now taken by the State Respondents. As on date, the appellant Kamal Krishna Mishra is discharging duties as Sub-Inspector, Food & Civil Supplies and Consumer Affairs Department, on his provisional appointment as such following this Court's Order dated 17.02.2017. The facts of the present case vis-a-vis the relevant provisions under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, leading to the interim direction for appointing the appellant, has been usefully delineated in the order of this Court dated 17.02.2017. The relevant portion of the said order is extracted hereunder:

(3.) Mr. Choudhury submits from instructions that the appellant has been discharging duties without any question being raised from any quarter as regards his suitability. Mr. Choudhury also submits that if this Court makes absolute the interim arrangement made in favour of the appellant, a necessary observation be made by this Court in order that the present case would not be treated as a precedent.