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2018 DIGILAW 326 (GAU)

Sudhangshu Paul v. State of Assam

2018-02-21

L.S.JAMIR

body2018
JUDGMENT & ORDER : 1. Heard Mr. D. Deka, learned counsel for the petitioner as well as Mr. M.R. Adhikari, learned Addl. Senior Government Advocate appearing for all the respondents. 2. The petitioner was appointed as Sub-Engineer Grade-II in the year 1979 and after rendering service for 34 years, he retired on 28.02.2013. Thereafter, by a notification dated 08.04.2013 issued by the Public Works Building and NH Department General Branch, Government of Assam, the petitioner was re-employed under the Guwahati Building Division-I for a period of 1 (one) year w.e.f. the date of his joining in the rank of Sub Engineer Grade-II to look after the on going construction of Assam House, Shillong. The notification further stipulates that the petitioners pay and allowance will be fixed later as per concurrence and guidelines of the Finance Department. The Scrutiny Committee headed by the Chief Secretary, Assam in its meeting held on 13.01.2015 recommended for regularization of the re-employment of the petitioner for the period 10.04.2013 to 09.04.2014. It was further observed that no further extension of re- employment will be considered. Despite such recommendation for regularizing the period from 10.04.2013 to 09.04.2013, the petitioner has not been paid remuneration till date. Hence the present writ petition. 3. Mr. M.R. Adhikari, learned Addl. Senior Government Advocate on instructions submits that the respondents have already regularized the re-employment period of the petitioner by notification dated 07.04.2014. However the fixation of his remuneration is under process and that a special budgetary provision will have to be made for the payment of the same. 4. Considering the submissions made by the learned Addl. Senior Government Advocate, this writ petition is disposed of with a direction to the respondents to finalise the fixation of the remuneration of the petitioner for the period 10.04.2013 to 09.04.2014 and thereafter pay the same to the petitioner as expeditiously as possible but not later than 3 (three) months from the date of receipt of a copy of the order of this Court. The petitioner is also directed to produce a certified true copy of the order to the respondent No. 1 within 2 (two) weeks from today. Writ petition is disposed of.