Dhruba Jyoti Gogoi v. The State of Assam and 4 Ors

ORDER

15.11.2023

¶1Heard Mr. A. Goyal, learned counsel for the petitioner, who submits that the petitioner was appointed on contractual basis as Field Officer for a period of 1 (one) year under the Assam Stated Disaster Management Authority (ASDMA), subject to renewal upon the performance of the appointee, on a fixed pay of Rs.2,40,000/- per annum. The petitioner's case is that there have been several meetings and resolutions passed by the State Level Committee and State Disaster Management Authority, to better the service conditions of Field Officers in ASDMA.

¶2The petitioner's counsel submits that the petitioner should be given the pay scale as per the 7th Assam Pay & Productivity Commission Rule, 2017 i.e. Pay Scale of Rs.30,000/- to 1,10,000/-. He submits that in this regard, the Minister, Revenue Disaster Management, Assam, vide letter dated 08.06.2023, Page No.# 3/4 had requested the Chief Secretary, Assam to make necessary arrangement for sanctioning the non-sanctioned posts of Field Officers (DM) within ASDMA with an ideal salary structure. But the same has not been done till date.

¶3The petitioner's counsel also submits that the State Executive Committee of ASDMA in it's 24th meeting, at Agenda Item No.6, held on 26.02.2016 and as per the concurrence issued by the Finance Department, had allowed some employees of ASDMA, who are not Field Officers, to get the benefit of the corresponding Pay Scale of the 7th Pay Commission w.e.f. 01.04.2018, till their tenure of contract was in force. He thus submits that the petitioner should be given the same benefit as provided to the persons holding other posts in ASDMA, as given in the order dated 29.04.2019 issued by the Commissioner & Secretary and Chief Executive Officer, ASDMA.

¶4Mr. A. Goyal, learned counsel for the petitioner submits that the writ petition can be disposed of, if the petitioner is given the liberty to file a detailed representation to the respondent nos.2 & 3, for getting the benefits provided to the 52 employees mentioned in the order dated 29.04.2019 issued by the Commissioner & Secretary and Chief Executive Officer, ASDMA.

¶5Mr. J. Handique, learned counsel for the respondent nos.2, 3 & 4; Mr. R. Dhar, learned counsel for the respondent no.1 and Mr. P. Nayak, learned counsel for the respondent no.5 submit that they have no objection to the prayer made by the petitioner's counsel, though the petitioner has no enforceable right with regard to his grievance. Page No.# 4/4

¶6In view of the consent of the parties, this writ petition is disposed of with liberty being given to the petitioner, to submit a detailed representation to the respondent nos.2 & 3 with regard to his grievance. In the event, the petitioner submits his representation to the respondent nos.2 & 3, the respondent nos.2 & 3 shall dispose of the same within a reasonable time and preferably within a period of 2 (two) months from the date of receipt of a certified copy of this order.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010249542023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6540/2023o DHRUBAoJYOTIoGOGOIo S/O-oSABHARAMoGOGOI,o R/O-oBORHULABAMoGAON,o P.O.-oAIDEOPUKHURI,o DISTRICT-oCHARAIDEO,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoCHIEFoSECRETARY,o GOVERNMENToOFoASSAM,o ASSAMoSECRETARIAT,o DISPUR,oGUWAHATI-05 2:THEoPRINCIPALoSECRETARY oREVENUEoANDoDISASTERoMANAGEMENT oGOVT.oOFoASSAM oASSAMoSECRETARIAT oDISPUR o GUWAHATI-05. 3:THEoCHAIRPERSON oASSAMoSTATEoDISASTERoMANAGEMENToAUTHORITY oASSAMoSECRETARIAT oDISPUR oGUWAHATI-05. 4:THEoCHAIRPERSON oDISTRICToDISASTERoMANAGEMENToAUTHORITY oCHARAIDEO oASSAM. Page No.# 2/4 5:THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI- 05 Advocate for the Petitioner : MR. A GOYAL Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA