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2018 DIGILAW 525 (GAU)

Dwipen Choudhury S/o - Lt. Niran Choudhury v. State of Assam

2018-03-26

L.S.JAMIR

body2018
ORDER : L.S JAMIR, J. 1. Heard Mr. A. Chamuah, learned counsel for the petitioner, as well as Mr. U.K Nair, learned Senior Counsel assisted by Mr. A. Chetry, learned counsel for the respondent Nos. 1 and 2. Mr. N. Goswami, learned Government Advocate appears on behalf of the respondent Nos. 3 and 4. 2. The petitioner was selected as a Home Guard volunteer by the District Home Guards’ Commandant, Kamrup, Guwahati by an appointment letter dated 27.10.1993 Thereafter, the petitioner was posted at the Office of the Directorate of Pension, Guwahati on 29.03.1995 While working under the Directorate of Pension, the remuneration of the petitioner was also enhanced from time to time. Since his posting at the Office of the Directorate of Pension, the petitioner has been working without any break in service in the post for more than 23 (twenty-three) years and he has been entrusted with different works equivalent with that of a clerk. 3. The respondents issued an advertisement in Janasanyog/2001/11 calling for applications for filling up two posts of Peon/Grade IV posts. The said advertisement was superseded by another advertisement dated 06.12.2014 Consequent to the advertisement dated 06.12.2014, the petitioner made an application for the post of Peon (Unreserved Category). The petitioner thereafter, appeared in the selection process. 4. The present writ petition has been filed praying for a direction to the respondents to regularize the service of the petitioner against the said one vacant post of Peon (Unreserved Category). It is also submitted that the selection process pursuant to the advertisement dated 06.12.2014 is yet to be completed inasmuch as final selection list has not been published. Learned counsel for the petitioner submits that as the petitioner has been serving for the past 23 (twenty-three) years, as Peon in the Directorate of Pension, though he was initially appointed as Home Guard volunteer, a direction be issued to the respondents to consider regularizing the service of the petitioner against one post of Peon (Unreserved Category). Considering the case of the petitioner, this court by order dated 28.09.2015 had passed an interim order directing the respondents that one post of Peon-cum-Grade IV post in the Directorate of Pension, notified as per the advertisement dated 06.12.2014 shall not be filled up. 5. At this stage, Mr. Considering the case of the petitioner, this court by order dated 28.09.2015 had passed an interim order directing the respondents that one post of Peon-cum-Grade IV post in the Directorate of Pension, notified as per the advertisement dated 06.12.2014 shall not be filled up. 5. At this stage, Mr. U.K Nair, learned Senior Counsel appearing on behalf of the Pension Department submits that if the petitioner is found eligible his past service will be given due weightage. In any case, he also submits that the case of the petitioner would be covered by the judgment and order dated 08.06.2017 which was passed by a Division Bench of this court in the case of State of Assam v. Shri. Upen Das in WP(C)/45/2014. 6. Considering the submissions made, this writ petition is disposed of with a direction to the respondents to consider the candidature of the petitioner for appointment to the post of Peon (Unreserved Category) for which the petitioner has applied in terms of the advertisement dated 06.12.2014, giving due weightage to the past service rendered by the petitioner under the Directorate of Pension. 7. In the event, the petitioner is not successful in the said selection process, it is also made clear that the case of the petitioner shall be covered by the judgment and order dated 08.06.2017 passed by the Division Bench of this Court in State of Assam v. Shri. Upen Das in WP(C)/45/2014. 8. WP(C)/5503/2016 has been filed by the petitioner praying for a direction for early declaration of the results of the selection process held pursuant to the advertisement dated 06.12.2014 The petitioner is represented by Mr. S. Hogue, learned counsel. As directions has already been passed in WP(C)/5860/2016, the claim of the petitioner in WP(C)/5503/2016 stands addressed. 9. The interim order dated 28.09.2015 stands merged with this order. 10. Both the writ petitions are accordingly disposed of in terms of the directions passed herein above.