Gauhati High Court
Abdul Momin Sarkar And 3 Ors vs The State Of Assam And 7 Ors on 20 March, 2019
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/5
GAHC010017942015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4305/2015
1:ABDUL MOMIN SARKAR and 3 ORS.
S/O- LT. SHAHA MOHAMMAD SARKAR, VILL.- KHARUBANDHA, P.O.-
FEKAMARI, DIST.- DHUBRI, ASSAM.
2: NAZARIWIN HUSSAIN
S/O- ANGUR HUSSAIN
R/O- BIDYAPARA ROAD
WARD NO 10
P.O. and DIST.- DHUBRI
ASSAM.
3: ABU HANIF MOKADDIMO SARDAR
S/O- LT. MD. ALAM ALI SARDAR
VILL.- CHARKKASHARIPARA
P.O.- FULERCHAR
DIST.- DHUBRI
ASSAM.
4: CHINMAY SARKAR
S/O RAI MOHON SARKAR
R/O- WARD NO. 1
HOSPITAL ROAD
P.O.- GAURIPUR
DIST.- DHUBRI
ASSAM
VERSUS
1:THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, SOCIAL
WELFARE DEPTT., DISPUR, GHY- 6.
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
Page No.# 2/5
ASSAM
DISPUR
GHY- 6.
3:THE DIRECTOR
SOCIAL WELFARE
ASSAM
UZAN BAZAR
GHY- 1.
4:THE CHILD DEVELOPMENT PROJECT OFFICER
BILASIPARA
ICDS PROJECT
P.O.- BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348.
5:THE CHILD DEVELOPMENT PROJECT OFFICER
NAYERALGA ICDS PROJECT
P.O.- NAYERALGA
DIST.- DHUBRI
ASSAM.
6:THE CHILD DEVELOPMENT PROJECT OFFICER
FEKAMARI
ICDS PROJECT
P.O.- FEKAMARI
DIST.- DHUBRI
ASSAM
PIN- 783135.
7:THE CHILD DEVELOPMENT PROJECT OFFICER
DHARMASALA ICDS PROJECT
P.O.- DHARMASALA
DIST.- DHUBRI
ASSAM.
8:THE DY. SECY. TO THE GOVT. OF ASSAM
SOCIAL WELFARE DEPTT.
DISPUR
GHY- 6
Advocate for the Petitioner : MS.A HUSSAIN
Advocate for the Respondent : SC, FINANCE
Page No.# 3/5
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 20-03-2019 Heard Mr. R. Islam, learned counsel for the petitioners as well as Mr. G. Bordoloi, learned Govt, Advocate for the State Respondents.
2) This writ petition has been filed under Article 226 of the Constitution of India, the petitioners have projected that although they had joined their service on 11.07.2013 as Statistical Assistant pursuant to order No. DSW (LC) 280/2008/68 dated 29.06.2013 passed by Director of Social Welfare Assam.
3) The services of the petitioners were transferred vide order dated 03.09.2013 passed by the Directorate of Social Welfare Assam and accordingly on 10.09.2013, the petitioner had joined the new place of posting, as follows:
i) Petitioner No. 1, who was posted at Bilasipara ICDS Project was transferred to Hailakandi ICDS Project
ii) Petitioner No. 2, who was posted at Nayeralga ICDS Project was transferred to Dullavherra ICDS Project
iii) Petitioner No. 3, who was posted at Fekamri ICDS Project was transferred to Raza Bazar ICDS Project
iv) Petitioner No. 4, who was posted at Gauripur ICDS Project was transferred to Udarbond ICDS Project
4) However, the authorities had failed to take note of the fact that the petitioner had joined the service on 11.07.2013, in the initial place of posting, and therefore, the petitioners were paid salary w.e.f. 10.09.2013, and that the salary for the period from the 11.07.2013 to 09.2013 had not been paid.
Page No.# 4/5
5) The learned Govt. Advocate has referred to the order dated 01.10.2018 passed by this Court wherein it has been recorded that the proposal for payment of salary of the writ petitioners for the aforesaid period and accordingly, he has referred to the instructions which has placed on record before this Court, being the letter under Memo No. DSW (LC) 81/2017 dated 09.08.2017 and he submits that up to date instructions in terms of the order dated 01.10.2018 has not been received.
6) It appears from the above referred memo dated 09.08.2017 that the Director of Social Welfare Department had requested the Principal Secretary to the Govt. of Assam, Social Welfare Department for review order regarding counting of service of the petitioners as Statistical Assistant from the date of first joining wherein it has been mentioned that the petitioners had joined service w.e.f. 11.07.2013 and that the salary for the period from the 11.07.2013 to 09.2013 had not been paid and their service had not been counted for that period and accordingly request was made to review the previous order dated 29.05.2017 and take steps to regularise the service of the petitioner for the period 11.07.2013 to 09.09.2013 and to make payment of the salary accordingly.
7) Therefore in view of the contents of the above referred memo dated 09.08.2017, this Court finds that the Directorate of Social Welfare does not disputed that the petitioners have been working for the period from 11.07.2013 to 09.09.2013 and it appears that the proposal of the Director of Social Welfare to the Govt. was to regularise the service for the said period is pending for disposal before the Principal Secretary to the Govt. of Assam, Social Welfare Department.
8) Accordingly this Court is inclined to permit the petitioners to produce the certified copy of this Order alongwith the copy of the present writ petition with all annexure to the Principal Secretary to the Govt. of Assam, Social Welfare Department within a period of two weeks from today and upon receipt of said representation alongwith certified copy of this order, the Principal Secretary to the Govt. of Assam, Social Welfare Department shall take his Page No.# 5/5 decision on the memo No. DSW (LC)/81/2017 dated 09.08.2017 sent by the Director of Social Welfare Assam by passing appropriate orders within a period of four weeks from the date of receipt of such representation. In order to facilitate the same, this Court is inclined to set aside the order under Memo No. SWD.70/2013/97 dated 29.05.2014 passed by the Deputy Secretary to the Govt. of Assam, Social Welfare Department.
9) It is also provided that whatever orders are passed by the Principal Secretary to the Govt. of Assam, Social Welfare Department in the matter relating to regularisation of service of the writ petitioners and payment of salary for the period of 11.07.2013 to 09.09.2013 shall be communicated to the petitioners.
10) With the aforesaid direction, the present writ petition stands disposed of.
JUDGE Comparing Assistant