Hara Kumar Hazarika v. The State of Assam and Ors

ORDER Date : 12/01/2024

Heard Mr. N.N. Upadhyay, learned counsel for the writ petitioner. Also heard Mr. R.M. Das, learned Standing Counsel, Dima Hasao Autonomous Council, appearing for the respondent nos. 2, 5 & 7, Ms. N. Kalita, learned Standing Counsel, PHE Department, Assam, appearing for the respondent nos. 1 & 3 and Mr. D. Rabha, learned counsel is present on behalf of the respondent no. 4. The remain respondents have not appeared. Page No.# 4/5 The facts of this case, in a nutshell, are that the authorities in the Dima Hasao Autonomous Council (erstwhile N.C. Hills Autonomous Council), Haflong had published an advertisement notice on 13/02/2004 inviting application for filling up various posts including the posts of Driver. Pursuant to the said advertisement notice, the writ petitioner herein, had applied and participated in the selection process, whereafter, he had emerged as a successful candidate. Consequently, the Principal Secretary of the Council i.e. the respondent no. 2 had issued appointment order dated 04/04/2007 appointing the petitioner in the post of Driver. The aforesaid order was thereafter followed up by the order dated 20/04/2007 issued by the Executive Engineer (PHE) Haflong Division, Haflong i.e. the respondent no. 6 wherein, it was mentioned that subject to completion of Police verification and approval of the SIU, the petitioner stands appointed as Driver in the pay scale of Rs. 2650 – 40-2770-50-3340-38-68-3490-90-4480-120-5200/- per month plus other allowances, as admissible under the Rules. According to the petitioner, he had joined in the post of Driver on 20/04/2007 and had continued to serve till 23/02/2011. However, the petitioner has not been paid him salary and allowances for the services rendered by him during the aforesaid period. On the contrary, the authorities have diverted the post held by the petitioner and filled up the same by appointing the private respondent no. 18. Hence, this writ petition. As per the stand taken by the respondent no. 6 in the counter affidavit, the petitioner had worked as Driver during the period from 21/05/2007 to 31/01/2009 and thereafter, he did not report for duty. Mr. Das, learned Standing Counsel, Dima Hasao Autonomous Council submits that the salary of the petitioner could not be paid for the relevant period due to non-receipt of approval from the SIU. The learned Standing Counsel has, however, fairly submitted that the petitioner would be entitled to receive his salary for the period during which he had served. After going through the rejoinder affidavit filed by the writ petitioner, I find that there is no specific denial of the assertion made in the affidavit filed by the respondent no. 6 that the petitioner did not report for duty, as a result of which, his post was filled up by appointing the private respondent. If that be so, the reliefs prayed for in this writ petition, save and except issuance of a direction for payment of arrear salary and allowances as admissible under the Rule for the period during which the petitioner had rendered his services, cannot be granted by this Court in the facts and circumstances of the present case. It is also to be noted herein that there is no controversy about the fact that pursuant to the appointment order dated 04/04/2007, the petitioner had jointed in the post of Driver and had discharged his duties during the period from 21/05/2007 to 31/01/2009. Therefore, the mere fact that Page No.# 5/5 the SIU approval was awaited by the Council cannot, in the opinion of this Court, be a valid ground for the respondents to deny payment of salary to the petitioner. As a matter of fact, compelling the petitioner to work without paying his salary and allowances was not only illegal but the same had evidently resulted in hardship being faced by the petitioner and his family members, for which the petitioner is liable to be suitably compensated. Situated thus, this writ petition stands disposed of with a direction upon the respondent nos. 2, 3 & 6 to take immediate steps for release of admitted salary payable to the petitioner under the Rules for the period from 21/05/2007 to 31/01/2009 along with interest @ 6% per annum, to be calculated with effect from 31/01/2009 till the date of release of the same. The aforesaid exercise be carried out and completed within a period of 3 (three) months from today, failing which, the interest payable to the petitioner will be calculated of the enhanced rate of 12% per annum with effect from 31/01/2009 till release of the amount. In so far as the other reliefs prayed for in the writ petition, the same are hereby declined. With the above observations, this writ petition stands disposed of.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/5 GAHC010004262011 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1333/2011o HARAoKUMARoHAZARIKAo SONoOFoSRIoBIRMANGALoHAZARIKA,oHAFLONGoCIVILoHOSPITALo CAMPUSoHAFLONG,oDIMAoHASAOoDIST. VERSUSo THEoSTATEoOFoASSAMoANDoORSo REP.oBYoTHEoCOMMISSIONERoANDoSECY.oDEPARTMENToOFoPHE,oDISPUR,o ASASM 2:THEoDIMAoHASAOoAUTONOMOUSoCOUNCIL oREP.oBYoPRINCIPALoSECRETARYT oN.C.oHILLSoAUTONOMOUSoCOUNCIL oHAFLONG 3:THEoCHIEFoENGINEER PHE oASSAMoHENGERABARI oGUWAHATI-36 4:ACCOUNTANToGENERAL oASSAM oMAIDAMGAON oBELTOLA oGUWAHATI-28 5:ADDL.oCHIEFoENGINEERPHE oDIMAoHASAOoDISTRICT oHAFLONG PageoNo.#o2/5 6:EXECUTIVEoENGINEER oPHE oDIMAoHASAOoDISTRICT oHAFLONG 7:ASSTT.oEXECUTIVEoENGINEERPHE oHAFLONGoURBANoSUB-DIVISION oHAFLONG 8:SRIoMAHENDRAoBATHARI oS/OoLATEoNANDALALoBATHARI oR/OoVILL.oSENGYAoSAMBUDHANoRAZI oP.O.oANDoP.S.oHAFLONG oDIMAoHASAO 9:SRIoDHIBASHIoNAIDING oD/O oLATEoPRABHAToJARAMBUSA oR/O oVILL.DIBARAI oP.O.oANDoP.S.oHAFLONG oDIMAoHASAO 10:SRIoVoLoMOUNAoPARATE oS/OoLATEoTHANZAUoPARATE oVILL.oMUOLHOIoP.O.oANDoP.S.oHAFLONG oDIMAoHASAO 11:SRIoLALROSIEK oLDA oS/OoSRIoNEITINKHUPoHMARoVILL.oLEIRIoP.O.oANDoP.S.oMAHURoDIST.oDIMAo HASAO 12:SRIoAJENoHAGJER oSA oS/OoSRIoHENOoHAGIERoVILL.oDILIMPURoP.O.oMANDERDISAoDIST.oDIMAo HASAO 13:SRIoSAIPALDAOoTHAOSEN oSA oSONoOFoLATEoDUILALoTHAOSENoVILL.oKUNGKRUARI oTHAIJUARIoP.O.oANDoP.S.oDIYUNGMUKHoDIST.oDIMAoHASAO Page No.# 3/5 14:SRI ANIL HOJAI SA SON OF SRI MOHAN HOJAI VILL. PHRABDIS P.O. DIYUNGBRA DIST. DIMA HASAO 15:SRI RAJIB UDDIN SA S/O SRI MAKHAN UDDIN BEHIND HAFLONG CO. OP. SOCIETY P.O. AND P.S. HAFLONG DIST. DIMA HASAO 16:SRI KAMLESWAR NATH CHOWKIDAR S/O SRI LOHIT NATH VILL. SENGA SAMBUDHAN RAZI P.O. AND P.S. HAFLONG DIST. DIMA HASAO 17:SRI RAJU DUTTA CHOWKIDAR S/O LATE PANNALAL DUTTA VILL BOILDHUR P.O. AND P.S. HAFLONG DIST. DIMA HASAO 18:SRI RAHUL ROY CHOUDHURY JUNIOUR ASSISTANT OFFICE OF THE EXECUTIVE ENGINEER HAFLONG DIMA HASA Advocate for the Petitioner : MR.S UPADHAY Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM