Prosenjit Das Vs the State of Assam and 5 Ors.

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GAHC010169302024

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2025:GAU-AS:7636

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

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Case No. : WP(C)/4279/2024

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PROSENJIT DAS S/O- PROVASH CHANDRA DAS, ADDRESSHAILAKANDI TOWN WARD NO-1, SILCHAR ROAD, P.O.P.S AND DIST. - HAILAKANDI , ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 781006.

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2:THE COMMISSIONER TO THE GOVT. OF ASSAM COMMISSIONERATE OF PANCHAYAT AND RURAL DEVELOPMENT ASSAM PANJABARI GUWAHATI- 781037

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3:THE DEPUTY COMMISSIONER HAILAKANDI

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4:THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD HAILAKANDI

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5:THE BLOCK DEVELOPMENT OFFICER

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LALA DEVELOPMENT BLOCK HAILAKANDI DIST-HAILAKANDI

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ASSAM PIN-788163

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6:PRITAM DHAR S/O- NIKHIL CHANDRA DHAR HAILAKANDI TOWN WARD NO-4

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SILCHAR ROAD

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P.O P.S AND DIST. - HAILAKANDI ASSAM PIN-78815

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Advocate for the Petitioner : MR. K MIRA, MR. H A TALUKDAR

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Advocate for the Respondent : SC, P AND R.D., MR. J LASKAR (R-6),GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 11.06.2025

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Heard Mr. K. Mira, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Standing Counsel, P & RD Department appearing for the respondents No.1, 2, 4 and 5 as well as Mr. J. Laskar, learned counsel appearing for the respondent No.6.

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2. The petitioner by way of instituting the present proceeding has presented a challenge to an order dated 08.08.2024, by which, he was relieved from the additional charge held by him of Ayenakhal Gaon Panchayat and allowed to hold the additional charge of Purbokittarbond-Rajeswarpur, Gaon Panchayat in addition to his normal duties. The petitioner is also aggrieved by the action on the part of the respondent authorities in allowing the respondent No.6 to hold the additional charge of Ayenakhal Gaon Panchayat.

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3. The petitioner in the writ petition has projected that he was appointed as an Accredited Engineer under the District Rural Development Agency, Hailakandi, vide an order dated 02.03.2019, issued by the respondent No.2, on contractual basis. The petitioner on such engagement was posted to Ayenakhal Gaon Panchayat under Lala Development Block and the petitioner joined his service on 05.03.2019.

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Thereafter, following the guidelines applicable, the petitioner and other contractual employees engaged as Accredited Engineers, Computer Assistant, Gaon Panchayat Coordinators, Gram Rojgar Sahayak were transferred and posted from their earlier place of posting. Accordingly, the petitioner herein was transferred to Monacherra Gaon Panchayat under Lala Development Block.

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The petitioner contends that he was also allowed to hold the additional charge of Ayenakhal Gaon Panchayat. The petitioner had joined his new place of posting at Monacherra Gaon Panchayat on 24.09.2021.

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4. Paused thus, it is contended that vide an order dated 01.12.2022, the Chief Executive Officer, Zilla Parishad, Hailakandi, had relieved the petitioner from Monacherra Gaon Panchayat and posted the respondent No.6, who was the Accredited Engineer, Nimaichandpur Gaon Panchayat to hold the additional charge of Monachrera Gaon Panchayat. The petitioner has filed representation against the said order. Thereafter, vide order dated 25.01.2024, the petitioner was relieved from Ayenakhal Gaon Panchayat and posted at Niz-vernerpur-Sarbanandapur Gaon Panchayat vice the respondent No.6.

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5. Being aggrieved, the petitioner approached this Court by way of filing WP(C) 959/2024. The Coordinate Bench of this Court vide order dated 23.02.2024, was pleased to dispose of the said writ petition by directing the Principal Secretary, P & R D department to consider the representation made by the petitioner in the matter and to dispose of the same. It was further provided that till disposal of the writ petition, status-quo as on the said date be maintained. The petitioner in the said writ petition had contended that the order dated 25.01.2024 issued by the Chief Executive Officer, Zilla Parishad, Hailakandi was in violation of a Notification dated 17.05.2023, issued by the Secretary to the Govt. of Assam, P & RD Department, which had authorized the Deputy Commissioner to make transfer and posting of Block Development Officer, Engineers, Gaon Panchayat Secretaries and other regular officers and staff including the contractual employees of P& RD Department within their respective jurisdiction.

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The representation submitted by the petitioner was considered by the Principal Secretary to the Govt. of Assam, P & RD Department and vide order dated 19.04.2024, the same was disposed of by interfering with the order dated 25.01.2024, on the ground that the same was so issued in violation of the order dated 17.05.2023. In terms of the said order dated 19.04.2024, the petitioner continued to hold the charge of his post at Monacherra Gaon Panchayat along with the additional charge of the post of Ayenakhal Gaon Panchayat. The Chief Executive Officer, Zilla Parishad, Hailakandi thereafter, vide an order dated 08.08.2024, proceeded to relieve the respondent No.6 from the additional charge of

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Purbokittarbond-Rajeswarpur Gaon Panchayat and allowed him to hold the additional charge of Aynakhal Gaon Panchayat in addition to his normal duties. By the said order, the petitioner who was denoted as the Accredited Engineer, Monacherra, Gaon Panchayat was relieved from the additional charge of Aynakhal Gaon Panchayat and allowed to hold the additional charge of PurbokittarbondRajeswarpur Gaon Panchayat in addition to his normal duties.

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Being aggrieved by the order dated 08.08.2024, the petitioner has instituted the present writ petition.

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6. I have heard the learned counsel for the parties and also perused the materials available on record. 7. The petitioner on being engaged as an Accredited Engineer on contractual basis was initially posted at Aynakhal Gaon Panchayat. Thereafter, vide order dated 22.09.2021, he along with others subjected to transfer and accordingly, the petitioner came to be posted as an Accredited Engineer on contractual basis at Monacherra Gaon Panchayat.

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8 . Although, the petitioner was subjected to further orders of transfer, including the posting effected in his case vide order dated 25.01.2024, whereby, he was relieved from Ayenakhal Gaon Panchayat and posted at Niz-vernerpur-Sarbanandapur Gaon Panchayat, the said order was assailed by the petitioner by way of instituting a writ petition being WP(C) 959/2024. A Coordinate Bench of this Court vide order dated 23.02.2024 noticing that the order dated 25.01.2024, was so issued in violation of a notification dated 17.05.2023, by which, the power of effecting transfer in case of employees of P & RD including the contractual employees was conferred upon the jurisdictional Deputy Commissioner, proceeded to dispose of the said writ petition by directing the Principal Secretary, P & R D department to dispose of the representation preferred by the petitioner in the matter. It was further provided in the said order dated 23.02.2024 that till disposal of the representation, status-quo as on the date of the passing of the order be maintained.

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9 . In pursuance to the direction by this Court vide order dated 23.02.2024, the Principal Secretary vide order dated 19.04.2024, proceeded to dispose of the representation submitted by the petitioner. A perusal of the order dated 19.04.2024, would go to reveal that the posting of the petitioner as an Accredited Engineer on contractual basis was at Monacherra Gaon Panchayat and he was given the additional charge of Ayenakhal Gaon Panchayat. The order proceeds to hold that the transfer effected in case of the petitioner vide order dated 25.01.2024 by the Chief Executive Officer, Zilla Parishad, Hailakandi, was in violation of the Notification dated 17.05.2023, to mean that the said transfer was effected without the concurrence of the jurisdictional Deputy Commissioner.

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10 . Accordingly, in view of the above position, the Principal Secretary to the Govt. of Assam, P & RD Department vide the said order dated 19.04.2024, proceeded to set aside the order dated 25.01.2024.

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As a consequence of the said order dated 19.04.2024, the petitioner’s posting as an Accredited Engineer on contractual basis was restored at Monacherra Gaon Panchayat along with the additional charge of Ayenakhal Gaon Panchayat. While the petitioner was so continued in his services in the said capacity, the Chief Executive Officer, Zilla Parishad, Hailakandi, vide order dated 08.08.2024, proceeded to relieve the respondent No.6 of the additional charge of Purbokittarbond-Rajeswarpur Gaon Panchayat and allowed him to hold the additional charge of Aynakhal Gaon Panchayat. In the said order, the respondent No.6 was denoted to be the Accredited Engineer of Monacherra Gaon Panchayat. By the said order, the petitioner herein, who was denoted as an Accredited Engineer of Monacherra Gaon Panchayat came to be relieved from the additional charge of Aynakhal Gaon Panchayat held by him and he was allowed to hold the charge of additional charge of PurbokittarbondRajeswarpur Gaon Panchayat in addition to his normal duties. The said order also reflects that the same was so passed with the approval of the District Commissioner, Hailakandi.

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11 . Perusal of the materials available on record would go to reveal that the petitioner’s posting at Monacherra Gaon Panchayat was not disturbed. What was changed was only the additional charge held by him of Ayenakhal Gaon Panchayat and he on being relieved from Ayenakhal Gaon Panchayat, was allowed to hold the charge of Purbokittarbond-Rajeswarpur Gaon Panchayat. The order dated 08.08.2024, having only effected a change in the additional charge held by the petitioner and there being no change in the posting of the petitioner as an Accredited Engineer had Monacherra Gaon Panchayat, this Court is of the view that no prejudice was caused to the petitioner on account of such change being effected in the additional charge held by him inasmuch as, the remuneration of the petitioner is being so released from the posting effected in his case in Monacherra Gaon Panchayat.

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12 . The said order dated 08.08.2024, having been demonstrated to have been so issued with the approval of the District Commissioner, Hailakandi, the same has to be held to have been so issued in compliance with the Notification dated 17.05.2023, which had delegated the power of transfer of P & R D employees including the contractual employees upon the jurisdictional Deputy Commissioner.

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13 . The above position having emanated from the materials brought on record, this Court is of the considered view that the challenge presented by the petitioner to the order dated 08.08.2024, would not mandate any acceptance, inasmuch as, the same does not in any manner effect his service conditions. Accordingly, the challenge to the order dated 08.08.2024 stands rejected.

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14 . At this stage, it is to be noted that the petitioner has raised grievances with regard to the discharge of duties by the respondent No.6 at Ayenakhal Gaon Panchayat. However, the same not being relevant for an adjudication of the issues arisen in the matter, the same is not considered. However, the petitioner would be at liberty to approach the concerned authorities by filing representation with any grievance existing in the matter and in the event of filing of such representation, the respondent authorities shall consider the same in accordance with law and take steps thereon as may be deemed to be appropriate.

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15 . In view of the above discussion, the present writ petition stands dismissed subject to the direction passed hereinabove granting liberty to the petitioner to prefer the representation before the respondent authorities pertaining to the irregularities purportedly committed by the respondent No.6 in discharge of his duties at Ayenakhal Gaon Panchayat.

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JUDGE

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Prosenjit Das v. the State of Assam and 5 Ors.

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