Dilip Langthasa vs The State Of Assam And 6 Ors
2022 Latest Caselaw 4320 Gua

                                                                     Page No.# 1/7

GAHC010205302018




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

                        Case No. : WP(C)/6593/2018

         DILIP LANGTHASA
         S/O- DIPAK LANGTHASA, R/O- BOILDHURA, P.O. HAFLONG, DIST-
         N.C.HILLS (DIMA HASAO), ASSAM



         VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, COOPERATIVE
         DEPTT., DISPUR, GHY-6

         2:THE COMM. AND SECY.
          GOVT. OF ASSAM
          FINANCE (SIU) DEPTT.
          DISPUR
          GHY-6

         3:THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL
          REP. BY THE PRINCIPAL SECY.
          HAFLONG
          N.C.HILLS (DIMA HASAO)
         ASSAM

         4:THE REGISTRAR OF COOPERATIVE SOCIETIES
         ASSAM
          KHANAPARA
          GHY-22

         5:THE DISTRICT DY. REGISTRAR OF COOPERATIVE SOCIETIES
          DIMA HASAO (N.C.HILLS)
          HAFLONG
         ASSAM
                                                                  Page No.# 2/7

            6:THE HILL AREA DEPTT.
             GOVT. OF ASSAM
             REP. BY THE COMM. AND SECY.
             DISPUR SECRETARIAT
             DISPUR
             GHY-6

            7:THE PRINCIPAL SECY.
            TO THE GOVT. OF ASSAM
             FINANCE DEPTT.
             DISPUR
             GHY-

Advocate for the Petitioner   : MR DEBA SARMAH

Advocate for the Respondent : SC, N C HILLS

             Linked Case : WP(C)/3914/2018

            DIPU LANGTHASA
            S/O. SRI DIGENDRA LANGTHASA
            R/O. LOWER HAFLONG
            P.O. HAFLONG
            DISTRICT- N.C. HILLS (DIMA HASAO)
            ASSAM.


             VERSUS

            THE STATE OF ASSAM AND 6 ORS.
            REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
            COOPERATIVE DEPARTMENT
            DISPUR
            GUWAHATI- 06.

            2:THE COMMISSIONER AND SECRETARY (SIU)
             GOVT. OF ASSAM
             FINANCE DEPTT.
            DISPUR
             GUWAHATI-06.
             3:THE NORTH CACHAR HILLS AUTONOMOUS COUNCIL
            REPRESENTED BY THE PRINCIPAL SECRETARY
             DIMA HASAO (N.C. HILLS) AUTONOMOUS COUNCIL
             HAFLONG
            ASSAM
             PIN- 788819.
             4:THE REGISTRAR OF COOPERATIVE SOCIETIES
                                                                    Page No.# 3/7

           ASSAM
           KHANAPARA
           GUWAHATI-22.
           5:THE DISTRICT DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES
           DIMA HASAO (N.C. HILLS)
           HAFLONG
           ASSAM
           PIN- 788819.
           6:THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES
           N.C. HILLS (DIMA HASAO)
           ASSAM
           PIN- 788819.
           7:THE HILLS AREA DEPARTMENT
           GOVT. OF ASSAM
           REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
           OF ASSAM
           JANATA BHAWAN
           DISPUR
           GUWAHATI-06.
           ------------

Advocate for : MR. D SARMAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS.

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

Date : 07-11-2022

JUDGMENT & ORDER (ORAL)

Heard Mr. D Sarmah, learned counsel for the petitioner, Mr. G Bordoloi, learned counsel for the respondents in the Co-operation Department, Government of Assam, Mr. A Chaliha, learned counsel for the respondents in the Finance Department, Mr. A Khanikar, learned counsel for the respondents in the NC Hills Autonomous Council and Mr. T C Chutia, learned Additional Senior Government Advocate for the respondents in the Hill Area Department, Government of Assam.

2. The petitioner was appointed as a Driver in the office of the District Page No.# 4/7

Deputy Registrar of Co-operative societies, NC Hills, Haflong as per the order of the District Deputy Registrar dated 25.04.2007. The order itself provides that the appointment is pending staff inspection unit (SIU) approval and police verification. It is also provided that the appointment is purely temporary and subject to termination at any time.

3. The District Deputy Registrar of Co-operative societies, NC Hills, Haflong by the communication dated 26.04.2007 made to the Principal Secretary to the NC Hills Autonomous Council, Haflong had made a request that the necessary steps for approval of SIU for regularizing the service of the petitioner along with three other employees be taken. In another communication dated 13.05.2010, the District Deputy Registrar of Co-operative societies, NC Hills informs the Principal Secretary that the appointments were made as per the direction of the NC Hills Autonomous Council and therefore, there is a requirement to move for SIU approval through proper channel and that the NC Hills Autonomous Council had made certain communications vide letter No. AC/SIU/3/APPR/SIU/2009- 10/26 dated 22.10.2009. The Under Secretary of Assam in the Finance, SIU Department by another communication dated 30.11.2017 made to the Treasury Officer, Haflong Treasury provided that the finance SIU Department had given a post facto appraisal No. FSI 1429/2017 for release of salary to the petitioner for the period from 03.05.2007 up to 31.10.2007.

4. In the circumstance, the petitioner is before the Court for a direction that the salary and allowances of the petitioner be paid from 2007 till date. The petitioner earlier approached this Court by way of WP(C) No. 5948/2015, which was given a final consideration by the order dated 16.12.2016 requiring the authorities in the Finance, SIU Department of the Government of Assam and the Principal Secretary of the NC Hills Autonomous Council to do the needful, so Page No.# 5/7

that the petitioner is paid their salary. Alleging non-compliance, the petitioner instituted contempt case No. 530/2017, which was given a final consideration by the order dated 23.07.2018, wherein it was taken note that the Finance, SIU Department had given its approval for salary of the petitioner from May, 2007 to October, 2007 and therefore, it was deemed that there was sufficient compliance.

5. The respondents in the NC Hills Autonomous Council through Mr. A Khanikar, learned counsel has made a statement before the Court that the petitioner is not attending to his duties from the year 2007.

6. The entire conduct of the authorities in the NC Hills Autonomous Council to begin with, with the District Deputy Registrar of Co-operative societies, NC Hills, who had issued the initial order of appointment dated 25.04.2007 appears to be unreasonable and without any application of mind. If there is no SIU approval, it has to be understood that there was no appropriate sanctioned post and there was no requirement for the District Deputy Registrar of Co-operative societies, NC Hills to issue any order of appointment. Be that as it may, after conducting a selection process, the appointment was made and therefore, it has to be understood that it is the responsibility of the District Deputy Registrar of Co- operative societies, NC Hills to have ensured that the salary is also paid to the petitioner. The entire conduct of the District Deputy Registrar of Co-operative societies, NC Hills is to be deprecated.

7. Thereafter, we have noticed that the District Deputy Registrar of Co- operative societies, NC Hills had informed the Principal Secretary, NC Hills Autonomous Council as regards the requirement of SIU approval. It appears that the Principal Secretary is also sitting over the matter and not bothered about the employees who were otherwise duly selected and appointed. The Page No.# 6/7

conduct of the Principal Secretary cannot be appreciated.

8. We further take note that there was an earlier order dated 16.12.2016 of this Court in WP(C) No. 5948/2015, wherein in paragraph punitive paragraph, it was provided as extracted:-

"Be that as it may, taking note of the submissions advanced by the learned counsel for the parties, this writ petition is disposed of by directing the respondent no. 2 to issue a fresh communication within 10(ten) days from today to the concerned department seeking all the clarification that is necessary for granting approval in the matter. On receipt of such query, the respondent no. 3 will ensure that the same is responded to within a further period of two weeks thereafter, through the respondent no. 7. As soon as the response of the respondent no. 7 i n the matter is received, the respondent no. 2 is directed to process the claim of the petitioner for payment of salary and allowances of the petitioner, as pe r the Rules within a period of further 30(thirty) days from the date of receipt of necessary clarification from the respondent no. 7."

9. A reading of the afore-extracted portion of the order goes to show that there was a requirement on the part of the Principal Secretary of the NC Hills Autonomous Council to do the needful and ensure that the process for issuing SIU approval is brought to its logical end.

10. We have noticed an order of the Finance SIU approval giving SIU approval for a period from 03.05.2007 to 31.10.2007, which also does not satisfactorily satisfy the requirement of the order dated 16.12.2016 in WP(C) No. 5948/2015. The authorities, if they intend to employ any citizen of the Country, also has a duty to ensure that they are appointed against any sanctioned vacant post having all necessary Finance SIU approval or else they ought not to have make any appointment. From such point of view, it is a case where a civil wrong had been done to the petitioner by the District Deputy Registrar of Co-operative societies in appointing him by following due procedure of selection although where there was no sanctioned vacant post having the Finance SIU approval.

Page No.# 7/7

11. On the allegation that the petitioner was absent from duty from the year 2007, the same cannot be a reason not to pay the salary inasmuch as, if the petitioner was absent from duty, under the law, it was for the authorities in the NC Hills Autonomous Council to initiate a proceeding against him and take appropriate action.

12. In WP(C) No. 3914/2018, although it is for the same cause of action as WP(C) No. 6593/2018, but a stand is taken that some show cause notice had been issued to the petitioner, to which he had not replied. If it is so, the respondents in the NC Hills Autonomous Council may proceed as per law.

13. In the above circumstance, the respondents, specially through the Principal Secretary of the NC Hills Autonomous Council is directed to do the needful that the grievance of the petitioner is given an appropriate consideration under the law. The Principal Secretary shall do the needful within a period of two months from the date of receipt of a certified copy of this order.

14. For the period the petitioner was made to serve, there is an inherent legal right of the petitioner and the corresponding legal duty on the part of the respondents that the appropriate salary be paid to him by completing all the necessary formalities and if it is the stand of the respondents that the petitioner was not attending duties, appropriate action may be taken under the law. But, it cannot be a case that the authorities will do nothing and sit over the matter.

Both the writ petitions stand disposed of with the above observations.

JUDGE

Comparing Assistant