Gauhati High Court
Bhanu Ghosh vs The State Of Assam And Anr on 28 November, 2019
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/2
GAHC010246772019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7749/2019
1:BHANU GHOSH
S/O- N.K. GHOSH, R/O- GOALTULI, P.O. AND P.S. GOALPARA, DISTRICT-
GOALPARA, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PRINCIPAL SECRETARY, PERSONAL BRANCH
DEPARTMENT, DISPUR, GUWAHATI-06, DISTRICT- KAMRUP(METRO).
2:THE DEPUTY COMMISSIONER
GOALPARA P.O. AND P.S.- GOALPARA
DISTRICT-GOALPARA ASSAM
Advocate for the Petitioner : MS S CHAKRABORTY
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
28-11-2019 Heard Ms. S. Chakraborty, learned counsel for the petitioner and Mr. D. Nath, learned Additional Senior Government Advocate, Assam for the respondents.
It is stated that the petitioner is serving as an office peon in the Office of the Deputy Commissioner, Goalpara and since there was shortage of process server in the office of the Deputy Commissioner, Goalpara, therefore, the Additional District Magistrate, Goalpara allowed him to serve as process server since 20.04.2009 in his establishment and to that Page No.# 2/2 extent an Identity Card was also issued in his name.
By order dated 08.08.2017, the Deputy Commissioner, Goalpara transferred the petitioner to Balijana Tahsil and by subsequent order dated 19.08.2017 his said transfer order was cancelled by the said authority and he was posted at Nazarat Branch under the establishment of the Deputy Commissioner, Goalpara to act as an process server so as to assist the Administrative Officer in tracking the matter at Dispur,Guwahati.
Petitioner contended that a post of process server is lying vacant in the establishment of Deputy Commissioner, Goalpara and since 2007 he has been serving as a process server and therefore, he should be considered for promotion to the post of process server in the said vacant post and to release his monthly salary as a process server so that he can get a higher rate of travelling allowance. It is submitted by the petitioner that he being an office peon, though working as a process service since 2007, his travelling allowance is paid equivalent to a Grade-IV post only.
Petitioner is allowed to file an additional affidavit to place the relevant rules applicable to the district establishment more particularly, in the establishment of Deputy Commissioners of the districts of Assam, by which the process server are appointed.
In the said affidavit the petitioner shall also annex a copy of his appointment order as office peon (Grade-IV) in the office of the Deputy Commissioner, Goalpara.
List this matter for motion only after filing such additional affidavit by the petitioner.
JUDGE Comparing Assistant