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2013 DIGILAW 365 (GAU)

Mina Roy v. State of Assam

2013-05-30

ANIMA HAZARIKA

body2013
JUDGMENT Anima Hazarika, J. 1. Heard Mr. A.K. Purkayastha, learned counsel appearing for the petitioner. Also heard Ms. VL Singh, learned Standing Counsel, Revenue appearing for respondent Nos. 1, 5 and 6, Mr. S. Sharma, learned Standing Counsel, Director of Land Records ('DLR' for short) appearing for respondent No. 2 and Mr. J Handique, learned State counsel appearing for respondent Nos. 3 and 4. Instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner praying for a direction to the official respondents to implement the order of absorption (Annexure-17 to the writ petition) and allow her to continue as Mandal (Recorder) against the existing vacancies on regular basis under the establishment of Deputy Commissioner, Dhubri. 2. The petitioner's case in brief is that she is a graduate in arts and she belongs to Other Backward Class ('OBC' for short). Pursuant to the advertisement issued for filling up the post of Additional Mandal in the district of Dhubri, she being qualified applied for the same and got selected. She was appointed vide appointment letter dated 04.12.1995 issued by the Settlement Officer, Dhubri and Kokrajhar as Additional Mandal, alongwith other 36 candidates in the amalgamated establishment of Settlement Officer, Dhubri and Kokrajhar. All the selected candidates were directed to join in their respective posts on 11.12.1995. Accordingly, petitioner joined her service on 11.12.1995 as Additional Mandal in the scale of pay of Rs. 1065-2095 per month at Golakganj Circle of Dhubri district. She was subsequently transferred to Dhubri circle on 06.02.1996 and since then she has been working continuously as Additional Mandal till date without any break to the satisfaction of the authority concerned. In the meanwhile, petitioner has also undergone training from Assam Survey Training Centre, Guwahati and obtained pass certificate from the authority. 3. During re-settlement operation, the petitioner as Additional Lot Mandal has performed three principal duties viz. i) Maintenance of land records, ii) Collection of agricultural statistics, and iii) Assistance in revenue collection. She has successfully carried out the aforesaid duties and the petitioner has been allowed to cross efficiency bar vide Settlement Officer's Order No. DKSE.3/2007/45A dated 03.12.2008 and accordingly, her salary has been increased. 4. i) Maintenance of land records, ii) Collection of agricultural statistics, and iii) Assistance in revenue collection. She has successfully carried out the aforesaid duties and the petitioner has been allowed to cross efficiency bar vide Settlement Officer's Order No. DKSE.3/2007/45A dated 03.12.2008 and accordingly, her salary has been increased. 4. Petitioners further case is that while she was serving as such, she was selected to be absorbed in the promotional post of Mandal vide order dated 25th February, 2009 issued by respondent No. 2 wherein petitioners name appeared at Serial No. 7 of the selected candidates. As per the said order, petitioner was to join at the establishment of Deputy Commissioner, Kokrajhar. Accordingly, in compliance to the aforesaid order dated 25.02.2009, petitioner alongwith other selected candidates were released from the Dhubri, Circle on 27.02.2009, so as to enable them to join in the promotional post on 28.02.2009 as directed. The petitioner, thereafter, immediately went to Kokrajhar, the new place of posting, to join in the post of Mandal and submitted her joining report, but surprisingly, without any rhyme and reason, she was not allowed to join in the Office at Kokrajhar. The petitioner, though communicated her grievance to the appropriate authority, nothing has been done. But suddenly respondent No. 2 had issued another order on 05.06.2009, modifying the earlier order of absorption as Mandal. By the subsequent order the Additional Mandal/Patwaris, working under the Deputy Commissioner, Dhubri, who could not join in their place of posting were re-deployed to Patwaris. By the said order, Deputy Commissioner, Dhubri was instructed to ensure that all the Mandals/Patwaris shall be absorbed in order of seniority in the vacant posts of Mandal/Patwaris, when occurred time to time in future, subject to approval of the Finance Department and after observing reservation policy of the Government. 5. In view of the order dated 05.06.2009, petitioner had to continue to serve in her earlier post of Additional Mandal. While serving as such, she came to know from reliable source that a post of Mandal is going to be vacant in the Office of the Deputy Commissioner, Dhubri very soon, therefore, she submitted a representation before the DLR (respondent No. 2), Deputy Commissioner, Dhubri (respondent No. 3), Settlement Officer, Dhubri (respondent No. 5) and Assistant Settlement Officer, Dhubri Circle (respondent No. 6) to appoint her in the post of Mandal. The representation so submitted by her was communicated to the DLR through proper channel and the DLR subsequently sent a communication dated 26.08.2009 to the Deputy Commissioner, Dhubri requesting him to consider the prayer of the petitioner to absorb her against the sanctioned vacant post of Mandal as and when occurred under his establishment (i.e., Office of Deputy Commissioner, Dhubri), she being a woman Additional Mandal working under the Settlement Officer of Dhubri and Kokrajhar establishment. 6. In the meanwhile, several posts of Mandal fell vacant in the Office of the Deputy Commissioner, Dhubri, but her prayer for absorbing as Mandal and/or request made vide aforesaid communication dated 26.08.2009 did not evoke any response from the authority. Hence the instant writ petition with the aforesaid prayer. 7. Mr. Purkayastha learned counsel appearing for the petitioner has submitted that during the pendency of this writ petition, similarly situated persons like the petitioner, who are the Additional Mandals engaged in settlement operation in the district of Dhubri have filed a writ petition being WP(C) No. 982/2011 claiming consideration of their cases for absorption as regular Mandals in the establishment of Deputy Commissioner, Dhubri pursuant to the communication dated 01.06.2009 issued by the Deputy Secretary to the Govt. Assam, Revenue and Disaster Management Department to the Director of Land Records and Surveys, Assam whereby and whereunder the decision of the Government of Assam to absorb the Additional Mandals, in order of seniority, against the clear vacancies in the posts of Mandal in the establishment of the Deputy Commissioner of the respective districts has been intimated to the Director. This Court while disposing the writ petition on 06.09.2012 after hearing the learned counsel for the respective parties held as thus;- The petitioners, therefore, deserve to be considered for regular absorption as Mandals against the existing vacancy, if any in Dhubri District. Hence, the State respondents are directed to consider the case of the petitioners for absorption as Mandals in the establishment of the Deputy Commissioner, Dhubri maintaining seniority and alongwith other Additional Mandals, if any, in that district, within a period of three months from today. In the meantime, 9 posts of Mandals in the establishment of Deputy Commissioner, Dhubri, if available, shall not be filled up. In the meantime, 9 posts of Mandals in the establishment of Deputy Commissioner, Dhubri, if available, shall not be filled up. It is needless to say that in the event adequate number of posts of Mandal is not available, consideration for absorption of additional Mandals shall be made on seniority basis. It is also needless to say that interim order passed earlier has merged with the final order passed. 8. Mr. Purkayastha, has brought to the notice of the Court the gradation list of land recorders staffs under the amalgamated establishment of Deputy Commissioner, Dhubri and submits that as per the said gradation list from 2011 to till date, 9 (nine) posts are lying vacant and 2 (two) posts are going to be vacant in the month of February and May 2014. Learned counsel for the petitioner, therefore, submits that the petitioner being the only lady Additional Mandal she is entitled to be absorbed in the post of Recorder/Mandal. Further, petitioner's case also required to be considered as per the provision of Section 4 of the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005 ('Act 2005' for short). 9. Moreover, this Court vide order dated 03.12.2012 passed in MC NO. 3206/2012 in the instant writ petition, directed the authority to keep one post of Mandal vacant in the establishment of Deputy Commissioner, Dhubri until further order. Learned counsel for the petitioner has submitted that five clear vacancies in the post of Mandal/Recorder are available in the establishment of Deputy Commissioner, Dhubri and the said vacant posts are now required to be filled up by the authorities in terms of the order dated 06.09.2012 passed by this Court in WP(C) No. 982/2011. 10. I have heard the learned counsel appearing for the parties. Also perused the materials on record. It is an admitted fact that the posts of Recorder/Mandal are lying vacant in the establishment of Deputy Commissioner, Dhubri and the petitioner while serving as Additional Mandal at Kokrajhar, she was transferred for regular absorption to the post of Mandal in the establishment of Deputy Commissioner, Kokrajhar. However, she was again redeployed as Additional Mandal in the establishment of Deputy Commissioner, Dhubri. This Court vide order dated 03.12.2012 while disposing the MC No. 3206/2012 has already directed to keep one post of Mandal vacant in the establishment of Deputy Commissioner, Dhubri. However, she was again redeployed as Additional Mandal in the establishment of Deputy Commissioner, Dhubri. This Court vide order dated 03.12.2012 while disposing the MC No. 3206/2012 has already directed to keep one post of Mandal vacant in the establishment of Deputy Commissioner, Dhubri. Moreover, petitioner seeks absorption/promotion to the post of Mandal on the basis of reservation for women as an OBC candidate. The petitioner's prayer for absorption also required to be considered as per the provision made under the Act, 2005, more so, she is also a lone woman Additional Mandal. Hence, considering the matter in its entirety, the writ petition is disposed of with a direction to the authorities, more particularly, respondent No. 3, i.e. the Deputy Commissioner, Dhubri District to absorb the petitioner in the post of Mandal/Recorder in his establishment. As this Court has already directed vide order dated 03.12.2012 passed in MC No. 3206/2012 to keep one post of Mandal vacant and no application on behalf of the respondents has been filed for vacating the aforesaid order till date, there will be no bar for the authority to accommodate the petitioner in the post of Mandal lying vacant. 11. The writ petition is accordingly allowed and disposed of. However, there shall be no order as to costs.