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2017 DIGILAW 903 (GAU)

Arunava Dey v. State of Assam

2017-07-12

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT : Achintya Malla Bujor Barua, J. 1. Heard Mr. K.A. Mazumdar, learned counsel for the petitioner. Also heard Mr. M.R. Adhikary, learned State counsel for respondent Nos. 1, 5, 6 and 7 and Mr. P. Nayak, learned counsel for No. 2 as well as Mr. A Hasan, learned counsel for respondent Nos. 3, 4 and 8. The petitioner is an ACS Officer, who was initially appointed as Additional Deputy Commissioner in Karimganj by the Notification No. AAP.513/2015/109-EF. The petitioner who was serving as the Additional Deputy Commissioner and In-Charge, District Development Commissioner, Karimganj was promoted and allowed to officiate in the Senior Grade-I of ACS in the pay band-4 of Rs. 12,500-40,000/- per month and other allowances as admissible under the Rules and was, accordingly, transferred and posted as Director, Manpower, Assam and Joint Secretary to the Govt., of Assam, Planning & Development and Revenue & Disaster Management Department. Although the petitioner was promoted and transferred as such, he was not released from his earlier assignment as Additional Deputy Commissioner Karimganj by the respondent authorities on the ground that the Assam Assembly elections were on at that relevant point of time. Accordingly, the petitioner had submitted a representation dated 18.05.2016 before the Personnel A Department of the Govt., of Assam with a request that the earlier order of transfer and promotion be modified and that he may be posted in any of the 3 (three) districts of Barak Valley in order to enable him to stay in close proximity of his family on humanitarian ground. 2. By the Notification dated AAP. 67/2016/78 dated 04.01.2017, the petitioner was again promoted and allowed to officiate in the Selection Grade of ACS in the pay band 4 of Rs. 12,500-40,000/- per month and grade pay of Rs. 7,600/- per month and other allowances and was posted as the District Development Commissioner, Hailakandi with effect from the date of taking over charge. Accordingly, by the certificate of transfer of charges dated 20.01.2017, the petitioner had taken over the charge of the District Development Commissioner of the district of Hailakandi. 12,500-40,000/- per month and grade pay of Rs. 7,600/- per month and other allowances and was posted as the District Development Commissioner, Hailakandi with effect from the date of taking over charge. Accordingly, by the certificate of transfer of charges dated 20.01.2017, the petitioner had taken over the charge of the District Development Commissioner of the district of Hailakandi. Because of the aforesaid discrepancies to the effect that the petitioner was earlier promoted and transferred by the Notification dated 24.12.2015, which could not be given effect due to the election which were on at that relevant point of time and his subsequent promotion and transfer by the Notification dated 04.01.2017, the petitioner has not been issued with the required regular pay slip from the Office of the Accountant General, Assam. It is the prima facie, view of this Court that for the aforesaid discrepancies and anomalies the petitioner cannot be faulted at all. 3. The petitioner was duly promoted and transferred by the order dated 24.12.2015, which he was ready to comply with but it was because of the respondent authorities who had not allowed the petitioner to join in his place of positing because of some ensuing election that the petitioner was unable to comply with the same. 4. Subsequently, although it was the, prima facie, view of this Court that the petitioner was promoted and transferred by Notification dated 24.12.2015, he was again promoted and transferred by another order dated 04.01.2017. In the circumstances, this Court is of the view that there does not appear to be any such discrepancies and anomalies in the service record of the petitioner, at the instance of the petitioner, which warrants non-issuance of the regular pay slip of the petitioner. 5. Being aggrieved, the petitioner had also submitted a representation dated 06.05.2017 before the Principal Secretary to the Govt., of Assam in the Personnel (A) Department. It is also stated by the learned counsel for the petitioner that the petitioner is due to retire on 31.01.2018 and in this respect the pension department has already issued the necessary papers to the petitioner for completion of the pension formalities. 6. It is also stated by the learned counsel for the petitioner that the petitioner is due to retire on 31.01.2018 and in this respect the pension department has already issued the necessary papers to the petitioner for completion of the pension formalities. 6. In the aforesaid circumstances, due to the anomalies which in view of the Court is caused more by the respondent authorities rather than the petitioner, the petitioner is amidst a difficult situation, where the petitioner is not being issued the required regular pay slip, so as to enable him to process his pension papers. 7. In the interest of justice and as agreed to by the learned counsel for the parties, this writ petition is disposed of with a direction to the respondent authorities, more particularly, the respondent No. 1 being the Principal Secretary to the Govt., of Assam in the Personnel (A) Department to give due consideration to the aforesaid representation of the petitioner dated 06.05.2017 and pass appropriate speaking order thereon. It is also provided that, if desires, the petitioner may also file a fresh representation before the Principal Secretary to the Govt., of Assam in the Personnel (A) Department either reiterating or stating any further ground that he may desire to take. In the fresh representation, the petitioner may also enclose a copy of this writ petition, which shall also be construed to be a part of the representation to be so filed. While passing the speaking order, the Principal Secretary shall also give due consideration to the fact that by the earlier Notification of 24.12.2015, the petitioner was promoted and posted as Director, Manpower, Assam and Joint Secretary to the Govt., of Assam, Planning & Development and Revenue & Disaster Management Department, but because of the election that were in place at that relevant point of time, the petitioner was neither released nor allowed to join in the new place of posting. 8. The Principal Secretary shall also take note of the further aspect of the matter that although the petitioner was promoted earlier in the year 2015, he was again promoted by a subsequent order dated 04.01.2017 and this time posted as District Development Commissioner at Hailakandi and continuing as such, till date. 9. 8. The Principal Secretary shall also take note of the further aspect of the matter that although the petitioner was promoted earlier in the year 2015, he was again promoted by a subsequent order dated 04.01.2017 and this time posted as District Development Commissioner at Hailakandi and continuing as such, till date. 9. The Principal Secretary shall also give due consideration to the fact that the afore-said discrepancies and anomalies are not due to any fault on the part of the petitioner and that he was ready to comply with the order that the Government had passed. The aforesaid speaking order shall be passed within a period of 15(fifteen) days from the date of receipt of a certified copy of this order. Upon passing-the speaking order, the Principal Secretary shall also take up the matter with the Office of the Accountant General, Assam for issuing the required regular pay slip to the petitioner. 10. However, the observations made in this order shall not preclude the Principal Secretary to take any other view if the facts and circumstances of the case so warrants, but in doing so, specific reasons thereof shall have to be given. In terms of the above, this writ petition stands disposed of.