Monowar Hossain vs The State Of Assam And 4 Ors
2022 Latest Caselaw 4122 Gua

                                                                Page No.# 1/3

GAHC010202802022




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

                         Case No. : WP(C)/6655/2022

         MONOWAR HOSSAIN
         S/O- TOMSER ALI,
         R/O- VILL- TUMNI LAWKHOWA (SOLAYERTAG),
         P.O.- TUMNI, P.S. SALAMARA,
         DIST- SOUTH SALMARA, MANKACHAR, ASSAM, PIN- 783127.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR,
         GHY-06.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          REVENUE AND DISASTER MANAGEMENT DEPARTMENT
          DISPUR
          GHY-06.

         3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GHY-06.

         4:THE DEPUTY COMMISSIONER
          SOUTH SALMARA
          MANKACHAR
          P.O.- HATSINGIMARI
          P.S. SOUTH SALMARA
          DIST- SOUTH SALMARA
          MANKACHAR
         ASSAM
          PIN- 783135.
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             5:THE CIRCLE OFFICER

             SOUTH SALMARA REVENUE CIRCLE
             P.S.
             P.O.- HATSINGIMARI
             DIST- SOUTH SALMARA
             MANKACHAR
             ASSAM
             PIN- 783135

Advocate for the Petitioner   : MR. M U MONDAL

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

26.10.2022

Heard Mr. K. Islam, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned counsel appearing for the respondent no.2. Mr. S. Dutta, learned counsel appears for the respondent no.2 and Mr. P. Nayak, learned counsel appears for the respondent no.3.

The case of the petitioner is that he had been working on the verbal order of the Circle Officer, South Salmara Revenue Circle as Night Chowkidar w.e.f. 30.06.2012, without any salary. Thereafter, vide order dated 18.02.2013 issued by the SDO (Civil), South Salmara, Mankachar Sub-Division, Hatsingimari, the petitioner was engaged as a Night Guard on a monthly fixed pay of Rs.1,000/- per month w.e.f. 18.02.2013.

The petitioner's counsel submits that the petitioner's service is to be regularized, in terms of the Division Bench judgment of this Court in the case of State of Assam vs. Upen Das & 835 Others, WA No.45/2014. He also submits Page No.# 3/3

that though the petitioner has been working w.e.f. 18.02.2013, as per the petitioner's letter dated 13.10.2020 (Annexure-13) and letter dated 03.01.2022 (Annexure-16), the petitioner's service has not been regularized. He also submits that the petitioner's salary of Rs.1000/- has been stopped from January, 2014 to January, 2018. Further, the petitioner has not been paid his monthly salary of Rs.7,000/- from February, 2018 till today.

Mr. J.K. Goswami shall obtain instructions with regard to why the salary of the petitioner has not been paid and whether he is still being employed/engaged by the respondents.

List the matter on 31.10.2022.

JUDGE

Comparing Assistant