WP(C) 2309/2017. Gauhati High Court
| Case Number | WP(C) 2309/2017 |
| Judgement Date | July 17, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH )
W P( C) No.23 09 of 201 7
Sri Bankim Kumar Deka
Son of Late Srihari Deka
Resident of No.1 Madhabpur, Noonmati, P.S.-Noonmati, Guwahati-781021,
Dist.-Kamrup(M), Assam
. … Pet it ion er
- Ver su s-
-
The State of Assam,
Represented by the Commissioner and Secretary to the Government of Assam, Animal Husbandry and Veterinary Department, Assam, Sachivalaya, Dispur, Guwahati-781006.
and 6 (six) Others
. … Responden t s
BEFORE
THE HON’BLE MR. JUSTI CE NELSON SAI LO
For the Petitioner: Mr. B.D. Goswami …… Senior Advocate. For the respondents: Mr. R. Borpujari,
Ms. A. Neog, ...... Advocate
Mr. M.R. Adhikari, ........ G.A. Assam,
Date of Hearing and Judgment : 17th July, 2017
WP(C) No.2309 of 2017
JUDGMENT AND ORDER ( ORAL)
Heard Mr. B.D. Goswami, the learned Senior Counsel for the petitioner and Mr. R. Borpujari, the learned Standing Counsel, the respondent Nos. 7. Ms. A. Neog, the learned counsel appears for the respondent Nos. 2, 5 and 6 and Mr. M.R. Adhikari, the learned Government Advocate, Assam, appears for the respondent Nos. 3 and 4.
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By this writ petition the petitioner has raised his grievance for nonpayment of his salary since the month of January, 2017, while being appointed as Sub-Engineer (Civil) on officiating post under the establishment of the respondent No.5. The petitioner who is a diploma holder in Civil Engineering was initially appointed as Muster Roll Worker under the establishment of the respondent No.3 on 25.03.1992 (Annexure-1). His service as such was continued until he was appointed on Work Charged basis vide order dated 01.08.1995 (Anenxure-2). The petitioner thereafter was allowed to officiate as Draftsman in the establishment of the respondent No.5 vide order dated 20.02.1997 in the pay scale of Rs.1375-3375 per month. The said appointment was against the vacancy caused due to the suspension of the employee concerned. The arrangement was also made for the period the employee concerned was placed under suspension.
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The petitioner’s appointment as officiating Draftsman continued against the suspension vacancy but thereafter, he was allowed to officiate temporarily as Sub-Engineer (Civil) against existing vacant post under the establishment of the respondent No.5 vide order dated 08.02.2016 (Annexure-6). By the said order the petitioner was given his pay in the structure of Pay Band-2 i.e. Rs.5,200/ - to Rs.20,200/ - with...
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