Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 15 June, 2021
Page No.# 1/4
GAHC010090332021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/150/2021
KANDARPA CHOUDHURY AND 3 ORS.
S/O LATE SARAT CHOUDHURY, R/O VILL-BARBANG, BAMUNPARA,
BARPETA, PIN-781325
2: PABITRA KUMAR PATHAK
S/O LATE SARAT CHANDRA PATHAK
R/O PATHAK HATI
NEAR BARPETA XATRA
BARPETA
PIN-781301
3: MD. AHAL KHAN
S/O LATE KALU KHAN
R/O JOTI GAON
BARPETA
PIN-781301
4: MAJIBAR RAHMAN
S/O LATE RAFIQUE ALI
R/O VILL-TENGAGAON
SARBHUK
BARPETA
PIN-78131
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR,
GUWAHATI-781006
2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
Page No.# 2/4
GUWAHATI-781006
3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
WATER RESOURCES DEPARTMENT
DISPUR
GUWAHATI-781006
4:THE CHIEF ENGINEER
WATER RESOURCES DEPARTMENT
GOVERNMENT OF ASSAM
CHANDMARI
GUWAHATI-781003
5:THE EXECUTIVE ENGINEER
BARPETA WATER RESOURCES DIVISION
BARPET
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : SC, WATER RESOURCE
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
15-06-2021
(Sudhanshu Dhulia, CJ)
The matter is taken up through video conferencing.
Heard Mr. KN Choudhury, learned senior counsel for the appellants. Also
heard Mr. D Saikia, learned Advocate General, Assam and Mr. B Goswami,
learned Standing Counsel, Water Resources Department appearing for the
respondents.
This writ appeal has been filed against the judgment and order dated
18.05.2021 passed by the learned Single Judge in WP(C) 9374/2019.
Page No.# 3/4
The petitioners before the learned Single Judge challenged the
impugned show-cause notice dated 14.11.2019 by which explanation was called
for as to why they should not be reverted back from the post of Section
Assistant to that of Khalasi. All the same, the writ petition [WP(C) 9374/2019]
filed by the petitioners did not find favour with the learned Single judge and it
was dismissed. Subsequently the petitioners are before this Court in the present
writ appeal.
In a similar matter, i.e. WA 148/2021, while hearing the said appeal, we
made a limited intervention in the matter by directing that the
petitioners/appellants would continue to get the salary of Section Assistant with
certain other directions, until further orders. Since this matter is absolutely
similar to the matter in WA 148/2021, learned senior counsel Mr. KN Choudhury
prays that the said interim order be also granted in favour of the present writ
appellant.
Mr. D Saikia, learned Advocate General, who is for the State and had
appeared in the earlier matter as well, admits the position that this matter is
absolutely similar to the one in which interim order dated 11.06.2021 was
passed.
In view of the above submission, we pass the same order as it was
passed in WA 148/2021 on 11.06.2021 and order as follows:
Purely on considerations of the fact that the petitioners had been working
as Section Assistant since 2010, even though by way of a temporary promotion,
and more importantly they had been getting salary on the post of Section
Assistant, we make a limited intervention at this stage. The petitioners shall
continue to be given salary of Section Assistant until further orders of this Court.
Page No.# 4/4
However, they would presently have no lien on the posts of Section Assistant.
The Department concerned shall be at liberty to take the work from the
petitioners, as the contingency demands the work of a Section Assistant or that
of a Khalasi. The petitioners will duly abide by the same, till the matter is heard
on its merit.
List on August 4, 2021 along with WA 148/2021.
JUDGE CHIEF JUSTICE
Comparing Assistant
