Gauhati High Court
All Assam Accredited Engineers ... vs The State Of Assam And 4 Ors on 21 July, 2020
Equivalent citations: AIRONLINE 2020 GAU 533
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/4
GAHC010094972020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2839/2020
1:ALL ASSAM ACCREDITED ENGINEERS ASSOCIATION
A REGISTERED ASSOCIATION UNDER THE REGISTRATION OF SOCIETIES,
ACT, 1860, HAVING ITS OFFICE AT NUR NAGAR, NIJARAPAR NOONMATI,
GHY-2, KAMRUP (M), ASSAM REP. BY ITS SECRETARY ,SRI BULBUL DAS
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR, GHY-6
2:COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR
GHY-6
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
SIXMILE
GHY
KAMRUP (M)
ASSAM
4:ASSAM PUBLIC SERVICE COMMISSION
REP. BY THE CHAIRMAN SIXMILE KHANAPARA
GHY-22
KAMRUP (M)
ASSAM
Page No.# 2/4
5:CHAIRMAN
ASSAM PUBLIC SERVICE COMMISSION
SIXMILE KHANAPARA
GHY-22
KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. D DAS SR. ADV
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT
Date : 21-07-2020 Heard Mr. D. Das, learned senior counsel for the petitioner. Also heard Mr. M. Nath, learned counsel for the PNRD and Mr. K. Konwar, learned counsel for the APSC.
2. The petitioner association is an association, amongst others of the contractual junior engineers in the P & RD where they were appointed in the respective posts on a contractual basis. There was a meeting dated 14.10.2019 between the senior officers of the PNRD and the representatives of the Panchayat & Rural Development Contractual Employees Council, Assam. As per the minutes of the said meeting held on 14.10.2019, one of the agreement arrived at was that the government will move a consideration for giving priority to the experienced contractual employees with requisite qualification in recruitment against sanctioned regular vacant posts and as per the suggestion of the representatives of the Panchayat & Rural Development Contractual Employees Council, Assam, the model adopted by the APDCL regarding the recruitment of contractual employees would be examined.
3. The relevant provision of the minutes of the meeting arrived at is extracted as below:
"iii. Govt. will be moved to consider giving priority to the experienced contractual employees with requisite qualification in recruitment against sanctioned regular vacant posts. As per the suggestion of the representatives of Panchayat & Rural Development Contractual Employees of the Council, Assam, the model adopted by APDCL (if any) regarding the recruitment of contractual employees would be examined."
4. It is stated that approximately 575 numbers of contractual employees of such a nature are presently working in the department. The petitioners association which also includes junior engineers, Page No.# 3/4 who are working as contractual employees, are aggrieved by the advertisement dated 24.06.2020 of the APSC wherein, amongst others, 344 numbers of post of junior engineers (civil) under the PNRD had also been advertised. Grievance of the petitioner association is that in issuing the advertisement, the agreement arrived at between the PNRD and Panchayat & Rural Development Contractual Employees Council on 14.10.2019 was not given a consideration.
5. By an order dated 17.07.2020, we required the learned standing counsel for the PNRD to obtain instructions as to why the agreement arrived at between the PNRD Contractual Employees Council and PNRD was not taken into consideration.
6. Mr. M. Nath, learned standing counsel for the PNRD has produced the communication which provides that the Legal Remembrancer, Assam, Judicial Department had given an opinion that the recruitment can be done only under the relevant Service Rules. Mr. D. Das, learned senior counsel for the petitioner submits that the recruitment is otherwise covered by the Assam Panchayat and Rural Development Officers (Technical) Service Rules, 2015 and therefore, even we go by the opinion of the Legal Remembrancer Rule 7 of the Assam Panchayat and Rural Development Officers (Technical) Service Rules, 2015 provides that the minimum age for the recruitment shall be 21 years and should not exceed 38 years on the first day of the year of the advertisement, but further Rule 25 provides with the power to the Government to dispense with or relax the requirement of any provision of the Rule if the Government is satisfied that the operation of any of the Rules cause undue hardship in any particular case.
7. It is the submission of Mr. D. Das, learned senior counsel for the petitioner that the agreement between the PNRD Contractual Employees Council and PNRD of 14.10.2019 was arrived at considering the hardship faced by the contractual employees who were in the employment for almost a period of 10(ten) years. Consequently, it is the submission that under the Rules itself, a duty was cast on the Government to at least consider the hardship of the contractual employees while proceeding with the recruitment for the 344 numbers of post of junior engineers (civil). As the Rule itself provides for a relaxation in case of a hardship being faced in a particular case, we are of the view that at least a consideration is required to be made by the authorities in the PNRD on the claim of the members of the petitioner association, to be given as per the provision of Rule 25 of the Assam Panchayat and Rural Development Officers (Technical) Service Rules, 2015. It is stated that the last date of submission of application as per the advertisement dated 24.06.52020 is now being extended up-to 17.08.2020.
8. In view of the above, we are of the view that the ends of justice would be made if the Page No.# 4/4 members of the petitioner association collectively makes a representation before the Principal Secretary to the Government of Assam in the PNRD raising their claim for a consideration of relaxation under Rule 25 of the Assam Panchayat and Rural Development Officers (Technical) Service Rules, 20152015, with reference to the agreement that have already been arrived at between the PNRD Contractual Employees Council and the PNRD on 14.10.2019. We, however, make it clear that the requirement of this order to give a consideration is not a direction to the Panchayat and Rural Development Department to allow the claim of the petitioner. The requirement of the consideration is clearly to be a consideration, being given by the PNRD, and to pass a reasoned order thereon either accepting or rejecting the claim as may be appropriate under the law.
9. The representation be submitted within a period of 2 (two) days from today and upon the same being submitted, the Principal Secretary under the Panchayat and Rural Development Department, shall pass a reasoned order on or before 06.08.2020. After passing of the reasoned order, copy thereof, be communicated to the petitioner's association.
10. Writ petition stands disposed of in the above terms.
JUDGE Comparing Assistant