Harendra Nath Bora v. The State of Assam and 7 Ors

ORDER

24.04.2024 Heard Mr. N. Bora, learned counsel for the petitioner. Also heard Mr. P. Handique, learned Standing Counsel, P&RD; Mr. A. Chakrabarty, learned Government Advocate; Mr. A Phukan, learned Standing Counsel, GAD and Mr. A. Chaliha, learned Standing Counsel, Finance. This writ petition has been filed by the petitioner praying for setting aside of the order dated 11.05.2023 issued by the Secretary, General Administration Department informing the petitioner that the facilities of Telephone and Security Assistant are extended to Officers retiring in the rank of Chief Secretary and Page No.# 3/4 equivalent rank from the Government of Assam. It was informed that the post of State Election Commissioner, Assam is equivalent to the rank of a Chairman, Assam Public Service Commission. The learned counsel for the petitioner submits that the Chairman of the APSC is also equivalent to the rank of the Chief Secretary of the State. It is submitted that besides the Chief Secretary even the post of Officer in the rank of Addl. Chief Secretary has also been granted the benefit of Telephone and Security Assistant. Mr. P. Handique, learned counsel appearing for the respondents submits that there is an appeal already preferred by the petitioner to the Chief Secretary vide appeal dated 01.07.2023. It is submitted that since there is already an appeal filed, a direction should be issued to the Chief Secretary to dispose of the appeal and pass necessary orders thereon. It is submitted that when there is a detailed appeal already preferred ordinarily, the writ Court would not like to entertain exercises powers of judicial review. The rival submissions have been heard. The issue revolves around a short campus as to whether the petitioner who was appointed as the State Election Commissioner is entitled to the services of Telephone and Security Assistant which is a facility available to the Chief Secretary of the State as well as posts having equivalent rank. Having heard the learned counsel for the parties, since the issues raised in the present writ petition are essentially the questions of fact and more particularly considering that an appeal has been preferred before the Chief Secretary, it would be apposite for the Chief Secretary to consider the matter in its entirety and thereafter pass necessary order indicating whether the post of Page No.# 4/4 the State Election Commissioner is equivalent to that of the post of the Chief Secretary, Government of Assam and in which case whether the benefit of Telephone and Security Assistant is also required to be made available to an incumbent holding the post of State Election Commissioner may be adequately decided by calling for the necessary records as required. The Chief Secretary will, thereafter, pass a speaking order and any such speaking order that is passed, a copy thereof shall be served on the petitioner. Needless to say, if the petitioner is still aggrieved with the orders passed by the Chief Secretary, is at liberty to approach this Court by assailing such orders as may be passed. The directions be carried out by the appellate authority namely the Chief Secretary within a period of thirty days from the date of receipt of certified copy of this order. With the above observations, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010054642024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1575/2024o HARENDRAoNATHoBORAo RETIREDoSTATEoELECTIONoCOMMISSIONER,oASSAM,o SONoOFoLATEoLILAoKANTAoBORA,o RESIDENToOF-oHOUSEoNO.o05,oVINAYAKoMARG,o HENGRABARI,oGAUHATI-06,o DISTRICT-oKAMRUP(M),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o SACHIBALAYA,oDISPUR,oGUWAHATI-06. 2:THEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oGENERALoADMINISTRATIVEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPERSONNELo(A)oDEPARTMENT oDISPUR oGUWAHATI-06. 4:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPERSONNEL(B)oDEPARTMENT oDISPUR oGUWAHATI-06. 5:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPoANDoRDoDEPARTMENT oDISPUR oGUWAHATI-06. Page No.# 2/4 6:THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06. 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECRETARIAT ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-06. 8:THE SECRETARY ASSAM STATE ELECTION COMMISSION 2ND FLOOR ADITYA TOWER G.S. ROAD OPPOSITE TO DOWNTOWN HOSPITAL GUWAHATI-06 Advocate for the Petitioner : MR. N BORAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA