Arjun Singh v. The State of Assam and 7 Ors

ORDER

30.11.2023 Heard Mr. S. Sarmah, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest and Ms. A. Barthakur, learned counsel for the respondent No. 8. This writ petition has been filed by the petitioner praying for grant of arrear salary stated to be due to be payable to the petitioner. The petitioner was appointed as a Sweeper pursuant to the Court's order dated 03.08.2006 passed in W.P(C) No. 3875/2005. He joined in his services as a Sweeper on 23.05.2015 and has been rendering his services. However, his original appointment was cancelled by the Principal Chief Conservator of Forests (PCCF) and the petitioner was appointed by issuance of a fresh order on the same day and posted in the same office. Page No.# 3/4 The grievance of the petitioner is that his monthly salary for the period with effect from 23.07.2015 to 18.12.2016 has not been paid. He represented before the authorities concerned, however, the authorities have not resolved this issue and no orders having been passed by the concerned authorities, the petitioner has approached this Court for grant of specific orders. This Court earlier had permitted the learned Standing Counsel, Forest to obtain the instructions as to why the arrear salary has not been paid. The petitioner appears to have filed a representation before the authorities vide representation dated 05.11.2022. By the said representation addressed to the PCCF, the petitioner had requested for payment of his arrear salary for the period mentioned which is 23.07.2015 to 18.12.2016. This representation is shown to have been received in the office of the PCCF, however, no orders have been passed. The learned Standing Counsel for the forest also does not have any instructions on the status of this representation. Considering the issue involved in the matter and considering the fact that the representation preferred before the respondent authorities is already pending, this Court is of the considered view that the writ petition can be disposed of with a direction to the PCCF to expeditiously dispose of the representation dated

05.11.2022 pending before the authorities and thereafter pass appropriate orders in the matter. This direction being issued to the PCCF is also being issued to the respondent No. 8. The respondents No. 3 & 8 are directed to address the issue raised by the petitioner and thereupon pass a speaking order in respect of the grievance raised by the petitioner. This exercise will be completed within a period of 60 days from the date of receipt of certified copy of this order. Page No.# 4/4 Accordingly, the writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010255532023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6568/2023o ARJUNoSINGHo LATEoMOHANoSINGHoADDRESSoNIZARAPUR,oCHANDMARI,oNABAGRAHAo PAHAR,oP.O-oANDoP.S-oCHANDMARI,oGHYo03 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoCOMMoANDoSECYoTOoTHEoFORSToDEPTT,oASSAM 2:THEoADDLoCHIEFoSECRETARYoTOoTHEoGOVToOFoASSAM oENVIRoANDoFORESToETCoDEPTT oDISPUR oGHY-o06 3:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESToANDoHEADoOFo FORESToFORCE oASSAM oKAMRUPo(M) oPANJABARI oGHY-o17 4:THEoPCCFoANDoWILDLIFEoANDoCHIEFoWILDLIFEoWARDEN oASSAMoKAMRUP oBASISTHA oGHY-o37 5:THEoDYoCONSERVATORoOFoFOREST(ENFORCEMENT)oOFFICEoOFoTHEo PCCFoANDoWILDLIFEoANDoCHIEFoWILDLIFEoWARDEN oASSAM oKAMRUPo(M) oGHY-37 Page No.# 2/4 6:THE SR WILDLIFE WARDEN OFFFICE OF PCCFAND WILDLIFE AND CHIEF WILDLIFE WARDEN ASSAM KAMRUP GHY- 37 7:THE DFO ASSAM STATE ZOO DIVISION. GHY- 05 8:THE COMM AND SECY THE GOVT OF ASSAM FINANCE DEPTT DISPUR GHY- 0 Advocate for the Petitioner : MR S SARMAH Advocate for the Respondent : SC, FOREST BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA