The petitioner sought correction in his appointment date. The court, based on consent, directed backdate to the 2011 order date but delay salary until actual joining.
Appointment directed with effect from 20.10.2011; salary from 16.07.2015; increments and pensionary benefits from 20.10.2011.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010032402016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7451/2016
MUKTESWAR DAS
S/O. RANJIT CHANDRA DAS, R/O. VILL. LONGAIROAD, P.O. KARIMGANJ, DIST. KARIMGANJ, ASSAM.
VERSUS
THE STATE OF ASSAM and 3 ORS. REPRESENTED BY THE PRINCIPLE SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GUWAHATI-06.
2:DIRECTOR OF SOCIAL WELFARE DEPTT.
UZAN BAZAR GUWAHATI-03.
3:DISTRICT SOCIAL WELFARE OFFICER
CACHAR ASSAM.
4:CHILD DEVELOPMENT PROJECT OFFICER KALAIN
ICDS PROJECT DIST. CACHAR ASSAM
Advocate for the Petitioner : MR.B CHAKRABORTY
Advocate for the Respondent :
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
01.04.2022
Mr. B. Chakraborty, learned counsel appears for the petitioner and Mr. T.C. Chutia, learned counsel appears for the respondents.
2. The petitioner’s case is that in pursuance to the selection process initiated for filling up of four vacancies of Statistical Assistants, the petitioner occupied merit position no.4 and thus prays that he ought to have been appointed to one of the four vacant posts. In the Select List that was published on 11.02.2006, the Roll Number of the petitioner appeared at Sl. No.6. Ahead of him, there were five Roll Nos which are 2, 1, 134, 135 and 80. However, Roll Nos. 134 and 135 did not appear in the selection process. Further, as candidates were called for the selection process only up to Roll No.133, the inclusion of the Roll Nos.134 and 135 was apparently a product of manipulation, which deprived the petitioner from being appointed to one of the four vacant posts of Statistical Assistant.
3 . The petitioner thereafter filed WP(C) No.4772/2007. This Court vide order dated 20.10.2011 disposed of WP(C) No.4772/2007, by directing the Commissioner & Secretary to the Government of Assam, Social Welfare Department, to look into the matter and pass a speaking order on the plea of the petitioner for appointment as per his merit position.
4. Subsequent to the order dated 20.10.2011 passed in WP(C) No.4772/2007, the Commissioner & Secretary to the Government of
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Assam, Social Welfare Department, Dispur issued speaking order dated 30.05.2013, wherein he directed the Director of Social Welfare Department to accommodate the petitioner in the equivalent post of Statistical Assistant w.e.f. 20.10.2011, as per his merit position.
5. Consequent to the above, the Director, Social Welfare, Assam issued order dated 08.07.2015, by which the petitioner was appointed as Statistical Assistant at Kalain ICDS Project, Cachar, against a vacant post w.e.f. the date of his joining in the post in the revised pay band of Rs. 5200/- Rs.20,200/- Grade Pay Rs.3000/- p.m. plus other allowances. The petitioner thereafter joined the vacant post of Statistical Assistant on 16.07.2015.
6. The petitioner is now aggrieved with the impugned order dated 08.07.2015, by which the petitioner has been appointed against the vacant post of Statistical Assistant of Kalain ICDS Project, Cachar w.e.f. the date of his joining in the said post.
7. The petitioner’s counsel submits that the petitioner’s appointment should be made w.e.f. 20.10.2011 and it cannot be from the date of his joining the post.
8. Mr. T.C. Chutia, learned counsel for the State respondents fairly submits that in view of the order dated 20.10.2011 passed in WP(C) 4772/2007, the petitioner would have to be accommodated in the post of Statistical Assistant w.e.f. 20.10.2011. However, the petitioner can only be given his pay/salary from 20.10.2011. The petitioner’s seniority, increments and pensionary benefit can be counted from 20.10.2011.
9. I have heard the learned counsels for the parties.
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10. In view of the consent of the counsels for the parties and keeping in view the order dated 20.10.2011 passed in WP(C) 4772/2007, the respondent authorities are directed to appoint the petitioner to the post of Statistical Assistant or its equivalent w.e.f. 20.10.2011. Further, by applying the principle of no work no pay, the petitioner will be given the salary of Statistical Assistant, only from the date he joined the post of Statistical Assistant or its equivalent, i.e. 16.07.2015. The increments, seniority and other pensionary benefits that would accrue to the petitioner would have to be made applicable w.e.f. 20.10.2011.
11. The writ petitioner is disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner should be appointed with effect from the date of the order or from the date of joining.
MUKTESWAR DAS
THE STATE OF ASSAM
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
