Smt. Baby Pathak Hazarika and 13 Ors v. The State of Assam and 4 Ors

O R D E R

11.09.2023.

Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by learned counsel Mr. N. Gautam, learned counsel for the petitioners. Also heard Mr. U. Sarmah, Page No.# 5/8 learned counsel appearing on behalf of Mr. K. Konwar, learned Addl. Advocate General, Assam for the respondent Nos.2—4 and Mr. D. Bora, learned Govt. Advocate, Assam for respondent Nos.1 & 5. This Writ Petition is filed by the petitioners who were working in different District Rural Development Agencies (DRDA for short) of the State of Assam. Pursuant to a decision taken at the appropriate level, the Government of Assam, Panchayat and Rural Development Department (in short the P. & R.D. Department) decided to wind up or abolish the DRDAs and to absorb the DRDA borne employees in the P. & R.D. Department of the Government. This decision was taken in the Cabinet of the State and the Governor of Assam was also pleased to accord approval to the said decision by notification dated 02.03.2016. Thereafter proposals for creation of posts which are approved for absorption of the DRDA borne employees with required pay protection was also forwarded to the competent authority in the Department by the notification dated

05.05.2016. The particulars in respect of the posts of the DRDA borne employees to be absorbed, were also detailed in the said proposal. Pursuant to the said proposal, creation of 91 numbers of posts in the Zilla Parishad was approved by the Governor of Assam, as per the particulars enclosed. This was communicated through the notification dated 31.08.2016. By another communication dated 12.09.2016, the process for implementation of the absorption was also approved. Being thus situated, the petitioners were expecting orders to be passed for their due absorption. However, by the W.T. Message dated 22.09.2016, issued by the Joint Secretary, Government of Assam, P. and R.D. Department, the notification relating to absorption of the DRDA borne employees were kept in abeyance. Being aggrieved, the present Writ Petition has been filed by the affected DRDA Page No.# 6/8 borne employees who were sought to be absorbed, post the decision taken at the Government level. Mr. K.N. Choudhury, learned Senior Counsel for the petitioners submits that this action of keeping the whole process in abeyance by an Administrative Department is contrary to the established canons of administration in as much as once a decision is taken by the Cabinet and approved by the Governor of the State, there is no occasion for the Administrative Department to put on hold the policy decision taken by the State. Such action reflects the high handedness of the authorities concerned, with utter disregard to the policy taken at the highest level of the State. Once policy decision is taken by the Cabinet of the State and duly approved by the Governor of the State, the Administrative Department is required to implement of the same without delay. Notice in the matter was issued as far back as on 31.05.2017 and this Court was pleased to pass an interim order, in favour of the petitioners. The said order is extracted for ready reference: "The petitioners are ministerial staff serving in different District Rural Development Agencies (DRDA for short) in Assam. They were hoping for their absorption in the Panchayat and Rural Development Department, in pursuant to the cabinet decision dated 27.02.2016 and the notification dated 02.03.2016 (Annexure-3). Mr. K.N. Choudhury, the learned Sr. counsel submits that the Government had decided to dissolve the DRDAs in due course and to absorb the DRDA borne employees, against the sanctioned govt. posts. He further submits that in pursuant to the above decision, the names of 557 DRDA borne employees were shortlisted and the govt. posts in which they can be absorbed, have been identified under the communication dated 05.05.2016 (Annexure-4). The shortfall of 91 posts is proposed to be met, through creation of the additional required posts, as can be seen from the communication dated 31.08.2016 (Annexure-5). However the entire process of winding up the DRDAs and absorption of the DRDA borne staff, is kept in abeyance under the impugned W.T. dated 22.09.2016 (Annexure-7), issued by the Government. The learned Sr. counsel submits that when the notification of 02.03.2016 (Annexure-3) was issued in pursuant to a cabinet decision dated 27.02.2016, the Government should Page No.# 7/8 have taken the process to its logical conclusion. No midway intervention should have been made in the process, particularly when, the posts for absorption of the DRDA borne employees, have already been identified/created. In view of above, let Notice returnable in 4(four) weeks be issued. Ms. M. Bhattacharjee, the learned Addl. Sr. Govt. advocate accepts notice for all the 5 respondents. Extra copies be furnished to her. In the interim, the 557 posts against which the DRDA borne employees are to be absorbed, as referred to in the communication(s) dated 05.05.2016 (Annexure-4) and the one dated 31.08.2016 (Annexure-5), should not be filled up, by others, until the returnable date." The said interim order was extended from time to time. No affidavit on behalf of the respondent Department has been filed, in spite of opportunities granted. Today when the matter is called up, Mr. U. Sarmah, learned counsel on behalf of Mr. K. Konwar, learned Addl. Advocate General, Assam has placed before this Court a communication dated 29.07.2017, whereby it is communicated that the notification No.RDD.51/2011/Pt-I/367, dated 29th July, 2017, by which the Government had kept in abeyance the execution of the notifications pertaining to winding up of DRDAs and subsequent merger with Zilla Parishads, stood vacated. By the said communication dated 29.07.2017, the Governor of Assam was pleased to accord permission to the officials who have been absorbed against sanctioned vacant Posts of Government of Assam by dint of the Notification issued vide No. RDD.51/2011/Pt-I/305, dated 12.09.2016, to work continuously at the respective DRDAs under 6th Scheduled Autonomous Councils and to draw the salary from the head of account where they have been absorbed until further order. It is submitted by the learned counsel for the respondent Department that in view of the Notification dated 29.07.2007, issued by the P. & R.D. Department, Page No.# 8/8 there is no grievance of the petitioners which require to be pursued any further in this Writ Petition. It is further submitted that the DRDA borne employees have already been absorbed in various posts of P. & R.D. Department. Taking note of the notification dated 29.07.2017 and also taking on record the submissions made by the learned counsels for the respondents that the notification earlier issued by the P. & R.D. Department suspending the process of absorption of DRDA borne employees have been vacated, this Court is of the view that no further cause remains to be pursued in this Writ Petition. This Court is of the view that the Writ Petition can be closed by recording the submissions made by the learned counsel for the respondents, a copy of the Notification dated 29.07.2017, is retained in the case records. Writ Petition is accordingly closed. The interim order dated 31.05.2017, stands merged. Liberty, however, is granted to the petitioners to approach this Court in the event the policy taken by the State, is not implemented in the meantime. The Writ Petition is disposed of with the aforesaid direction.

JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC010130482017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3244/2017o SMT.oBABYoPATHAKoHAZARIKAoando13oORS.o W/OoLATEoJAYANTAoHAZARIKA,oJR.oASSISTANT,oDRDA,oKOKRAJHAR,oPO- KOKRAJHAR,oDIST.oKOKRAJHAR,oASSAM,oPIN-783370 2:oSMTI.oILAMONIoKALITA oW/OoSRIoPABITRAoBARUAH oJR.oASSTT. oDRDA oJORHAT oPO-TITABOR oDIST.oJORHAT oASSAM oPIN-785630 3:oSRIoDHANSINGoTERANG oS/OoLATEoLANGBIRIKoTERANG oACCOUNTANT oDRDA oDIPHU oPO-DIPHU oDIST.oKARBIoANGLONG oASSAM oPIN-783370 4:oSRIoMRINALoGOGOI oS/OoMR.oJ.oGOGOI oASSTT.oSTATISTICALoOFFICER oDRDA oTINSUKIA oASSAM oPIN-786145 5:oSRIoMUKTARoHUSSAIN oS/OoLATEoKHAIRAToALI PageoNo.#o2/8 oDRIVER oDRDA oDARRANG oPO-MANGALDAI oDIST.oDARRANG oASSAM oPIN-784125 6:oSRIoBASUDEVoDAS oS/OoLATEoGANAPATIoDAS oSR.oASSTT. oDRDA oBARPETA oPO-BARPETA oDIST.oBARPETA oASSAM oPIN-781301 7:oSRIoRANJIToSINGH oS/OoSRIoSURESHoSINGH oJR.oASSTT. oDRDA oKAMRUPoRURAL oPO-AMINGAON oDIST.oKAMRUPoR oASSAM oPIN-781019 8:oSRIoRATNESWARoDAIMARY oS/OoLATEoKAMALESWARoDAIMARY oSTENOGRAPHER oDRDA oBAKSA oPO-BAKSA oDIST.oBAKSA oBTAD oASSAM oPIN-781318 9:oMD.oMAHBUBoALI oS/OoLATEoHANNURoALI oSR.oASSTT. oDRDA oLAKHIMPUR oPO-LAKHIMPUR oDIST.oLAKHIMPUR oASSAM oPIN-787001 PageoNo.#o3/8 10:oSRIoRAHMAToALI oS/OoRAMJANoALI oJR.oASSTT oDRDA oDIBRUGARH oPO-DIBRUGARH oDIST.oDIBRUGARH oASSAM oPIN-786003 11:oSRIoGAUTAMoDAS oS/OoLATEoDINANATHoDAS oJR.oASSTT. oDRDA oNALBARI oPO-NALBARI oDIST.oNALBARI oASSAM oPIN-781306 12:oSRIoAMARENDRAoMALAKAR oS/OoLATEoJANARDANoMALAKAR oJR.oASSTT. oDRDA oKAMRUPoMETRO oPO-CHANDMARI oDIST.oKAMRUPoM oASSAM oPIN-781003 13:oSRIoANILoKR.oNATH oS/OoLATEoJIBADHANoNATH oHEADoASSTT. oDRDA oGOALPARA oASSAM oPIN-783121 14:oSRIoPRADIPoKR.oDAS oS/OoLATEoPRABIRoKR.oDAS oASSTT.oSTATISTICALoOFFICER oDRDA oKARIMGANJ oPO-KARIMGANJ oDIST.oKARIMGANJ oASSAM oPIN-78871o Page No.# 4/8 VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT and RURAL DEVELOPMNET DEPTT. DISPUR GUWAHATI-781006 3:THE COMMISSIONER OF PANCHAYAT and RURAL DEVELOPMENT DEPTT. JURIPAR GUWAHATI-781006 4:THE JOINT SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT and RURAL DEVELOPMENT DEPTT. DISPUR GUWAHATI-781006 5:THE SECRETARY TO THE GOVT. OF ASSAM PERSONNEL A DEPTT. DISPUR GUWAHATI-78100 Advocate for the Petitioner : MR.D A KAIYUM Advocate for the Respondent : SC, PNRD BEFORE HON'BLE MR. JUSTICE SOUMITRA SAIKIA