Debashis Puzari v. The State of Assam and 5 Ors

ORDER Date : 29-05-2024

(Vijay Bishnoi, CJ)

This writ appeal is filed by the appellant being aggrieved with the order dated 18-11-2022 whereby while allowing the writ petition filed by the appellant the learned Single Page No.# 3/4 Judge has directed the respondents that the appellant be treated to be in service from the date of his initial appointment till his service came or would come to an end as per law and accordingly, with all such benefits that he may be entitled.

¶2The facts of the case are that the petitioner while working as Assistant Engineer (Civil) in the Public Works Department (PWD) of the State of Assam sought for leave from 01-07-2004 to 30-07-2004. However, after his leave period was over he has not joined his duties and overstayed the leave. He returned back in the year 2006 and immediately was placed under suspension by order dated 29-03-2006. The department has also initiated disciplinary proceeding against the appellant under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India primarily on the charges that he remained unauthorizedly absent for the aforesaid period. On 18-06-2010, the appellant gave an undertaking on a non-judicial stamp paper to the effect that he will not claim any pay and allowances for the period from 31-07-2004 till his suspension is revoked. Considering the same, the disciplinary proceeding initiated against the appellant was closed and he was reinstated in service vide order dated 09-11-2012. While reinstating the appellant the respondents have passed an order whereby his entire service period, prior to end of his suspension period was treated as dies-non. The appellant has approached this Court by filing the writ petition challenging the notification dated 12-10-2016 with a prayer for providing him inter-se seniority in the cadre and has also challenged the action of the respondents of treating his service of relevant period as dies-non. The learned Single Judge has observed that the action of the respondents of treating the whole services of the appellant as dies-non cannot be sustained and Page No.# 4/4 therefore, the writ petition was allowed in the terms as noticed earlier.

¶3The appellant has filed this appeal claiming that he is entitled for subsistence allowance as per law for the period he remained under suspension.

¶4Having heard the learned counsel for the petitioner and after taking into consideration the fact that the appellant has given an undertaking to the department on 18-06-2010 with a declaration that he shall not claim any pay and allowances for the period from 31-07-2004 till revocation of his order of suspension dated 29-03-2006, we do not find any good reason to issue direction to the respondents to pay subsistence allowance to the appellant for the period he remained under suspension. Hence, the writ appeal is dismissed. We make it clear that we have not commented on the merits of the impugned judgment dated 18-11-2022 passed by the learned Single Judge on all other aspects.

JUDGE CHIEF JUSTICE GS Comparing Assistant

PageoNo.#o1/4 GAHC010268922022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/250/2023o DEBASHISoPUZARIo S/OoSRIoTARUNoCHANDRAoPUZARIoR/OoWESToMILANoNAGARo(K-LANE),o P.O.C.R.oBUILDING,oDIST.oDIBRUGARH,oASSAMoPINo-o786001 VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PUBLICoWORKSoDEPARTMENT,oDISPUR,oGUWAHATIo-6,oASSAM. 2:THEoCOMMISSIONERoANDoSPECIALoSECRETARY oGOVToOFoASSAM o oPUBLICoWORKSoDEPARTMENTo(ROADS) o oDISPUR oGUWAHATIo-6 oASSAM 3:THEoSECRETARY oGOVT.oOFoASSAM oPUBLICoWORKSoDEPARTMENTo(ROADS) o DISPUR oGUWAHATIo-6 oASSAM. 4:THEoDEPUTYoSECRETARY oPUBLICoWORKSoDEPARTMENTo(ROADS) Page No.# 2/4 ESTABLISHMENT BRANCH DISPUR GUWAHATI-6 ASSAM. 5:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI ASSAM-3. 6:THE SUPERINENDING ENGINEER PUBLIC WORKS DEPARTMENT DIBRUGARH RUADL ROAD DIVISION DIBRUGARH ASSAM PIN - 786001 For the Appellant : Mr. S.P. Sharma, Advocate For the Respondents : Mr. D. Nath, Sr. GA, Assam BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM