Disposed

All Assam Fishery Officials' Technical Association and 2 Ors. v. the State of Assam and 2 Ors.

Gauhati HC4 Feb 2024WP(C)/1492/2018

Case brief

AI extract

What is this about?

This common order disposed of two writ petitions filed by Assistant Fishery Officers challenging delay in providing benefits for the statutory 25% promotion quota to Fishery Development Officer posts. The Court directed the Government to expedite the creation of eight intermediate Fishery Inspector posts within four months.

What did the court decide?

Directing the Government to expedite and complete the creation of 8 Fishery Inspector posts within four months with effect from the date of the order.

All Assam Fishery Officials' Technical… — Pension and Retirement Benefits | Gauhati HC (2024)

¶1

Page No.# 1/10

¶2

GAHC010177702023

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/4992/2023

¶5

MAINUL HAQUE AND 24 ORS

¶6

SON OF LATE MAZIBUDDIN AHMED, ASSISTANT FISHERY OFFICER, OFFICE OF THE DFDO, DISTRICT - DARRANG, ASSAM, PIN NO. 784125

¶7

2: PARAG KUMAR NATH

¶8

SON OF LATE UMESH CHANDRA BORA ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - GOLAGHAT ASSAM PIN NO. 785621

¶9

3: BHABEN RABHA

¶10

SON OF LATE MAHENDRA RABHA ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - KAMRUP ASSAM PIN NO.781016

¶11

4: GOPAL CHANDRA PATOWARY

¶12

SON OF LATE GOBINDA RAM PATOWARY ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - MORIGAON ASSAM PIN NO.782105

¶13

5: DEBESWAR SONOWAL

¶14

SON OF LATE NITESWAR SONOWAL ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - LAKHIMPUR ASSAM PIN NO.

¶15

6: MUSHADDIK AHMED

¶16

Page No.# 2/10

¶17

SON OF LATE HAFZUDDIN AHMED ASSISTANT FISHERY OFFICER OFFICE OF THE FISHERY INFORMATION OFFICER DISTRICT - GUWAHATI ASSAM PIN NO.781016

¶18

7: AMAR NATH THAKUR

¶19

SON OF LATE RAJENDRA THAKUR ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - BISWANATH ASSAM PIN NO.784176

¶20

8: ACHAD ALI SON OF LATE SAH ALAM ALI ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO RANGIA DISTRICT - KAMRUP ASSAM PIN NO.781554

¶21

9: RAJEN DAS SON OF GOURI KANTA DAS ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - NAGAON ASSAM PIN NO.782001

¶22

10: BUBUL DAS SON OF LATE MANESWAR DAS ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - NAGAON ASSAM PIN NO.782001

¶23

11: JOGENDRA CHANDRA SAHARIA SON OF LATE BHABI RAM SAHARIA ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - DARRANG ASSAM PIN NO.784125

¶24

12: PANKAJ DAS SON OF LATE HAREN DAS

¶25

Page No.# 3/10

¶26

ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO JONAI ASSAM PIN NO.787060 13: BINOD MAZUMDAR SON OF LATE GOLOK MAZUMDAR ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - NALBARI ASSAM PIN NO.781337 14: MD. ABDUL BARIK SON OF LATE JUBAN ALI ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO DISTRICT - NAGAON ASSAM PIN NO.782001 15: DHANJIT KUMAR DAS SON OF LATE PARASHUTTAM DAS ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO HAILAKANDI ASSAM PIN NO.788151

¶27

16: PROMOD SABHAPONDIT SON OF LATE MANESWAR DAS ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO SADIA ASSAM PIN NO.786157

¶28

17: KAMAL HUSSAIN SON OF LATE SADULLA ALI ASSISTANT FISHERY OFFICER (RETIRED) OFFICE OF THE DFDO DARRANG ASSAM PIN NO.784125 18: MD. JAHIDUL ISLAM SON OF ANOWAR HUSSAIN

¶29

Page No.# 4/10

¶30

ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO BARPETA ASSAM PIN NO.781301

¶31

19: PRAKASH SARMA

¶32

SON OF LATE LAKHESWAR DEV SARMA ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO TINSUKIA ASSAM PIN NO.786125

¶33

20: SUBHASH CHANDRA DUTTA SON OF LATE SACHINDRA DUTTA ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO KAMRUP ASSAM PIN NO.784125

¶34

21: SUNSHY TERON SON OF DAGI RAM TERON ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO KARBI ANGLONG DIPHU ASSAM PIN NO.782441

¶35

22: MON SINGH LEKTHE SON OF LATE HABE LEKHTE ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO KARBI ANGLONG DIPHU ASSAM PIN NO.782441

¶36

23: LONGI RAM KRO SON OF JENGREN KRO ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO KARBI ANGLONG DIPHU ASSAM PIN NO.782441

¶37

Page No.# 5/10

¶38

24: PRASANTA KUMAR BHUYAN SON OF LATE KAMAL CHANDRA BHUYAN ASSISTANT FISHERY OFFICER OFFICE OF THE DFDO JORHAT ASSAM PIN NO.785001

¶39

25: TILOK CHANDRA GOGOI SON OF LATE PANIRAM GOGOI ASSISTANT FISHERY OFFICER OFFICE OF THE SUPDT. OF FISHERY TRAINING INSTITUTE JOYSAGAR ASSAM PIN NO.78566

¶40

VERSUS

¶41

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-6

¶42

2:THE DIRECTOR OF FISHERIES ASSAM MEEN BHAWAN GUWAHATI-16 3:ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN JAWAHARNAGAR KHANAPARA GUWAHATI-22 4:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-6

¶43

5:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONAL (B) DEPTT. DISPUR GUWAHATI-

¶44

Advocate for the Petitioner : MR. S K DAS

¶45

Advocate for the Respondent : GA, ASSAM

¶46

Page No.# 6/10

¶47

Linked Case : WP(C)/1492/2018

¶48

ALL ASSAM FISHERY OFFICIALS' TECHNICAL ASSOCIATION AND 2 ORS. REP. BY IT'S GENERAL SECRETARY HEMANTA KUMAR KALITA OFFICE OF THE DISTRICT FISHERY DEVELOPMENT OFFICER GOPINATH NAGAR BIRUBARI GUWAHATI-16 2: BAPU RAM TERON ASSISTANT FISHERY OFFICER DISTRICT FISHERY DEVELOPMENT OFFICER KARBI ANGLONG (DIPHU) PIN-782460 3: RAJENDRA PATOWARY ASSISTANT FISHERY OFFICER SUB-DIVISIONAL FISHERY DEVELOPMENT OFFICER RANGIA VERSUS THE STATE OF ASSAM AND 2 ORS. REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-6 2:THE DIRECTOR OF FISHERIES ASSAM GUWAHATI-16. 3:ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY IT'S CHAIRMAN JAWAHARNAGAR KHANAPARA GUWAHATI-22 -----------Advocate for : MR. S K DAS Advocate for : MR. D NATH (ADDL. SR. GA ASSAM) appearing for THE STATE OF ASSAM AND 2 ORS.

¶49

Page No.# 7/10

¶50

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

¶51

ORDER

¶52

05.02.2024

¶53

Heard Mr. S. K. Das, learned counsel for the petitioners in both these proceedings. I have also heard Mr. D. Nath, learned Senior Government Advocate, Assam appearing for the State. Ms. P. Sharma, learned Standing Counsel, APSC is present on behalf of the Commission.

¶54

The core issue involved in both these writ petitions are one and the same and therefore, both these matters are being taken up for disposal by this common order.

¶55

The 25 writ petitioners in WP(C) No.4992/2023 are presently working as Assistant Fishery Officer. As per the Assam Fishery Service (Recruitment and Promotion) Orders, 1989, 25% posts in the next higher rank of Fishery Development Officer are required to be filled up by way of promotion from the eligible departmental candidates. The post of Assistant Fishery Officer is the feeder cadre for promotion to the post of Fishery Development Officer. However, due to non-availability of adequate vacancies in the rank of Fishery Development Officer, the petitioners have been deprived of promotion. Hence, this writ petition.

¶56

Mr. Das, learned counsel for the petitioners, has submitted that many of the officers in the rank of Assistant Fishery Officer have already retired from service without getting the benefit of promotion although, as per Gradation List, they come within the zone of consideration for promotion.

¶57

By inviting the attention of this Court to the stand of the respondent No.2

¶58

in the affidavit filed in WP(C) No.4992/2023, Mr. Das submits that the

¶59

Page No.# 8/10

¶60

Government has decided to create 8 (eight) posts of Fishery Inspector so as to accommodate departmental candidates such as the petitioners by way of promotion. However, the process of creation of posts is taking a long time thus causing serious prejudice to the interest of the petitioners, some of whom are on the verge of retirement.

¶61

The writ petitioner Association in WP(C) No.1492/2018 also represents the interest of similarly situated Assistant Fishery Officers ventilating similar nature of grievance.

¶62

It is not in dispute that due to want of vacancies in the next higher grade of Fishery Development Officer, many of the Assistant Fishery Officers, who have rendered long years of service and are otherwise eligible for promotion under the Service Orders of 1989, have been deprived of promotion. The aforesaid lacunae is sought to be remedied by creating as many as 8 (eight) posts of Fishery Inspectors which bears higher pay scale. However, it appears that the process of creation of the posts has not reached its logical conclusion. The statements made in paragraph 24 of the counter-affidavit filed by the respondent No.2 would be relevant and therefore, is being reproduced herein below for ready reference :-

¶63

“ 24. That with regard to the statements made in paragraph no.26 to 29 of the writ petition the deponent begs to submit that the matter of promotion to the members of the All Assam Fishery Officials’ Technical Association in the 25% of Posts of FDO reserved for AFO and Allied cadre vide Sl. No.14 of Schedule I of Assam Fishery Service (Recruitment & Promotion) Order, 1989 has already been challenged before the Hon’ble Gauhati High Court vivde WP(C) No.1492/2028 and the Hon’ble Court

¶64

Page No.# 9/10

¶65

vide order dated 15.12.2022 directed the Government to create intermediary posts with higher scale of pay for members of the All Assam Fishery Officials Technical Association in lieu of promotion as FDO against the 25% quota reserved for them as per 1989 Order. As regards consideration of Notional promotion of such members of the All Assam Fishery Officials Technical Association who are on the verge of retirement from service, they may not be in service till the intermediary promotional post come into force, thus, the Government will comply with any order/direction for grant of Notional Promotion to such members of the petitioners association of the Hon’ble Court in the instant writ petition. Furthermore, the alternative proposal of Government Authority to create intermediary posts of Fishery Inspector/Fishery Field Supervisor with higher scale of pay at par with similarly situated persons in other Government Departments like Agriculture is already under process and the Government Authority is expected to complete it at the earliest after completion of required formalities including inter-Departmental concurrence/ approval where necessary, which will benefit the serving members of the Society as per seniority in service.”

¶66

Mr. Nath, learned Senior Government Advocate, Assam has produced a copy of the written instruction dated 03.02.2024 to submit that the proposal for creation of new posts is in an advanced stage and is awaiting the approval of the Cabinet. Under the circumstances, 3 to 4 months would be required to complete the whole process.

¶67

Mr. Das, learned counsel for the petitioners has responded to the said argument by submitting that his clients would be satisfied if the process of

¶68

Page No.# 10/10

¶69

creation of the 8 (eight) posts is expedited and the exercise is brought to its logical end in a time bound manner.

¶70

Ms. P. Sharma, learned Standing Counsel, APSC submits that she does not have any further submission to make in this case.

¶71

In view of the consensus reached at the Bar, this Court is of the opinion that both these writ petitions can be disposed of by providing that the process of creation of 8(eight) posts of Fishery Inspector be expedited and completed within a reasonable time frame. Taking note of the assurance given by Mr. Nath, the department to complete the process within four months, with effect from today, after fulfilling all procedural formalities. It is, however, made clear that this order would not come in the way of the departmental authorities in considering the cases of those Assistant Fishery Officers, who have retired in the meantime, for the grant of notional benefit under the Service Order of 1989, if so advised.

¶72

A copy of this order be produced before the competent authority so as to do the needful.

¶73

The writ petitions stand disposed of.

¶74

JUDGE

¶75

Comparing Assistant

All Assam Fishery Officials' Technical Association and 2 Ors. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

All Assam Fishery Officials' Technical Association and 2 Ors. v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abdul Kadir Vs the State of Assam and 5 Ors.

Dr. Sulekha Doley Vs Avinash P Joshi, I.A.S. and 2 Ors.

Nilamani Medhi Vs the State of Assam and 4 Ors.

Mainul Hoque and Anr. Vs the State of Assam and 2 Ors.

Biswajit Goswami Vs the State of Assam and 2 Ors.

Mintu Sonar and 2 Ors. Vs the Union of India and 8 Ors.