Md. Jaffer Imam Ansari vs The State Of Assam And 3 Ors
2022 Latest Caselaw 2004 Gua

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GAHC010109252022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/3750/2022

         MD. JAFFER IMAM ANSARI
         S/O- IMAM HUSSAIN
         R/O- RANGAPARA
         NEAR RAILWAY GATE NO-2
         P.O- RANGAPARA, DIST- SONITPUR
         ASAM, PIN-784101



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM

         2:THE DEPUTY SECRETARY (E)
         TO THE GOVERNMENT OF ASSAM
          IRRIGATION DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE CHIEF ENGINEER
          IRRIGATION DEPARTMENT
          CHANDMARI
          GUWAHATI
         ASSAM
          PIN-781003

         4:THE DRAWING AND DISBURSING OFFICER
          CENTRAL MONITORING CELL
          IRRIGATION DEPARTMENT
          GUWAHATI
         ASSAM
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             PIN-78100

Advocate for the Petitioner   : MR. M K CHOUDHURY

Advocate for the Respondent : SC, IRRIGATION




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

06.06.2022

Heard Mr. P. Bhardwaj, learned counsel for the petitioner, who submits that in pursuant to the order dated 18.03.2021 passed in WP(C) No.778/2016, wherein the respondents were directed not to pass any order terminating the petitioner from service, without issuing prior notice to him, the State respondents issued show-cause-notice dated 27.12.2021, stating that the petitioner's service was liable to be terminated on the ground of not possessing a valid Engineering Degree, as he had acquired the same through Distance Education Mode from Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed to be) University, Udaipur in 2011, which was not valid in terms of the judgment dated 03.11.2017 passed by the Apex Court in Civil Appeal No.17869- 1770/2017 and 17902-17905/2017.

The petitioner's counsel submits that the petitioner submitted a written statement dated 11.01.2022 to the show-cause-notice dated 27.12.2021. However till date, the petitioner has not been paid his salary from December, 2021, even though no decision has been taken with regard to the show-cause-notice dated 27.12.2021 and the petitioner's written statement dated 11.01.2022. The petitioner's Page No.# 3/3

representation with regard to payment of his salary dated 07.02.2022 has also not been considered by the respondents.

Issue Notice returnable in 3 (three) weeks.

Mr. N. Upadhyay, learned counsel accepts notice for all the respondents.

List the matter after four weeks.

In the interim, the petitioner should be paid his current salary.

JUDGE

Comparing Assistant