Md. Hafazuddin Ahmed, S/o. Lt. Jalaluddin Ahmed v. State Of Assam
2022-12-09
ACHINTYA MALLA BUJOR BARUA
body2022
DigiLaw.ai
JUDGMENT : 1. Heard Mr. S. Chauhan, learned counsel for the petitioner and Mr. P. Nayak, learned counsel for the respondents No. 1 and 6, being the authorities under the Finance Department. Also heard Mr. S. Dutta, learned counsel for the respondents No. 2 and 3, being the authorities under the Revenue and Disaster Management Department, Mr. S.K. Medhi, learned counsel for the respondent 4, being the authority under office of the Accountant General (A&E), Assam and Mr. C.S. Hazarika, learned Junior Government Advocate for the respondent No. 5, the Deputy Commissioner, Sivasagar. 2. The petitioner who is serving as a Lot Mondal is aggrieved to the extent that in the office order dated 13.02.2018, the posts/cadres of Lot Mondal and Amin are not included and therefore he is not being given the benefit of 3% additional increment as provided to Patowari. It is the case of the petitioner that Lot Mondal, Amin and Patowari are in fact the same post but nomenclatured in a different way in different parts of Assam to the extent that Lot Mondal is used in the Brahmaputra Valley, Patowari in the Cachar and Halikandi district and Amin in the Karimganj district. Accordingly, the petitioner contends that there is a discrimination against the petitioner in not providing the 3% additional increment by taking note of the office order dated 13.02.2018, where only Patowari is included while Lot Mondal and Amin are not given any mention. 3. When the matter was heard on 06.12.2022, a submission was made by Mr. J. Handique, learned counsel for the respondents in the Revenue Department on the said date that there is a Cabinet decision by which all the three posts namely, Lot Mondal, Amin and Patowari are declared to be one and to be carrying the same meaning.
3. When the matter was heard on 06.12.2022, a submission was made by Mr. J. Handique, learned counsel for the respondents in the Revenue Department on the said date that there is a Cabinet decision by which all the three posts namely, Lot Mondal, Amin and Patowari are declared to be one and to be carrying the same meaning. An affidavit has been filed in the meantime which contains a communication dated 17.08.2022 from the Joint Secretary to the Government of Assam in the Revenue and Disaster Management Department, wherein it is provided as extracted : “ With reference to the above, I am directed to state that the Hon’ble Cabinet in its meeting held on 08/08/2022 has approved the inclusion of nomenclature of ‘Mandal’ and ‘Amin’ along with ‘Patowari’ in the Office Order No. FEB.150/2015/162 dated 13/02/2018 of Finance Department so that the cadres of ‘Mandal’ and ‘Amin’ become eligible to receive the benefit of 3% additional increment as received by identical cadre of ‘Patowary’.” 4. A reading of the afore-extracted contents of the communication dated 17.08.2022 makes it discernible that there is a Cabinet decision recognizing that the nomenclature Mondal, Amin be also included along with the Patowari in the office order dated 13.02.2018. 5. In view of the Cabinet decision as indicated above and as Lot Mondal and Amin are also included in the office order dated 13.02.2018 providing for 3% additional increment, we direct the respondents to also give the benefit of 3% additional increment even to the petitioner who is employed as Lot Mondal. The reasoned order for such benefit be passed within a period of two months from the date of receipt of certified copy of this order. Writ petition stands allowed as indicated above.