Krishna Chhetri vs The State Of Assam And 3 Ors
2023 Latest Caselaw 3381 Gua

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GAHC010187682023




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

                                 Case No. : WP(C)/4902/2023

            KRISHNA CHHETRI
            S/O- LATE KUL BAHADUR CHETRI, R/O- VILL.- GOREHAGI, BISWANATH,
            P.O. PANIBHARAL, DIST. SONITPUR, ASSAM, PIN- 784176.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
            GOVERNMENT OF ASSAM, DEPARTMENT OF WOMEN AND CHILD
            DEVELOPMENT, DISPUR, GUWAHATI-6.

            2:SECRETARY TO THE GOVERNMENT OF ASSAM
             DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT
             DISPUR
             GUWAHATI-6.

            3:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT

            DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT (DIRECTORATE
            OF SOCIAL WELFARE)
            M.G. ROAD
            UZANBAZAR
            GUWAHATI-01.

            4:ASSAM PUBLIC SERVICE COMMISSION
            TO BE REPRESENTED BY ITS CHAIRMAN
             JAWAHARNAGAR
             KHANAPARA
             GUWAHATI-22

Advocate for the Petitioner   : MR. A R BHUYAN
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Advocate for the Respondent : GA, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

28/08/2023

Heard Mr. A R Bhuyan, learned counsel for the petitioner and Mr. D Bora, learned Government Advocate, Assam for the respondent Nos. 1 to 3. Also heard Mr. T J Mahanta, learned Senior counsel and Standing counsel, APSC assisted by Ms. P Sarma, learned counsel for the respondent No. 4.

2. The petitioner was initially appointed as Child Development and Project Officer (CDPO) on 01.06.1994 by the Commissioner & Secretary, Govt. of Assam in the Social Welfare Department under Regulation 3 (f) of the Assam Public Service Commission (Limitation and Functions) Regulation, 1951 for a period of 4 (four) months or till regular appointment. Pursuant to the same, the petitioner joined his service as CDPO under Ramkrishna Nagar ICDS Project, Karimganj on 07.06.1994. Later, by Notification No. SWD/34/99/116 dated 16.11.2000, the Commissioner & Secretary, Govt. of Assam, Social Welfare Department of the State regularized his service as CDPO exercising the power of relaxation under Rule 11 of the Assam Social Welfare (Recruitment and Promotion) Service Order, 1994 giving benefit of regularization of his service with effect from the date of his joining in terms of the said order of his appointment dated 01.06.1994.

3. It is submitted on behalf of the petitioner that in view of the judgment dated 10.02.2023 passed in WP(C) No. 8318/2019 (Simanta Pradip Choudhury and 18 Others Vs. State of Assam and 23 Others), in which he was the party respondent No. 10, wherein the Co-ordinate Bench of this Court directed the respondent authorities in the Social Welfare Department to prepare and publish a fresh final gradation list by placing the names of the petitioner Nos. 1 to 19 of said WP(C) No. 8318/2019 above the respondent Nos. 8 to 24 therein, taking advantage of the same, the respondent authorities in the Social Welfare Department placed many such CDPOs who joined service much later than the petitioner, above him in the final gradation list. Being aggrieved, the petitioner has preferred this writ petition.

4. Petitioner also stated that by Notification No.E-230058/43-U dated 03.07.2023, the Principal Secretary, Govt. of Assam in the Department of Women & Child Development, in the interest of public Page No.# 3/3

service, transferred the petitioner, CDPO of Bihaguri Integrated Child Development Scheme Project of Sonitpur District posting him as the District Social Welfare Officer of Cachar District.

5. It is stated by the petitioner that he is suffering from kidney ailment and as such, he submitted a representation before the Principal Secretary, Govt. of Assam in the Women and Child Development, Dispur on 10.08.2023 for modification of the order of his transfer dated 03.07.2023.

6. Issue notice, returnable by 6 (six) weeks.

7. As Mr. D Bora, learned Government Advocate, Assam and Ms. P Sarma, learned counsel have accepted notice on behalf of the respondent Nos. 1 to 3 and 4 respectively, no formal notice need to be issued to those respondents.

8. Petitioner shall serve requisite extra copies of this writ petition along with the Annexures appended thereto to Mr. D Bora, learned Government Advocate, Assam and Ms. P Sarma, learned counsel within two days from today, obtaining necessary acknowledgment from them in that regard.

9. Without interfering with the merit of the impugned order of transfer of the petitioner vide Notification No.E-230058/43-U dated 03.07.2023 issued by the Principal Secretary, Govt. of Assam in the Department of Women & Child Development, the matter relating to transfer of the petitioner as the District Social Welfare Officer in the District of Cachar is left to the authorities concerned to consider the representation of the petitioner dated 10.08.2023.

10. List accordingly.

JUDGE

Comparing Assistant