BALIRAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application has been filed by a poor employee. The petitioner herein joined the service under the Central dairy, Khanapara as Muster roll worker in 1967 under Town Milk Supply Scheme of the Govt. of Assam at pay scale of Rs. 90/- per month. The petitioner from 1982 was treated as a Casual employee and Ms salary has been revised from time to time as per the revision of the pay scale. The petitioner was given the annual increment. The representations were filed from time to time to regularise the service of the petitioner. Nothing was done. The petitioner was asked to appear before the Medical Board by letter dated 15th December, 1995. That letter is Annexure -2 to the writ application. That is quoted below:

(2.) Accordingly the petitioner appeared before the Medical Board and the Medical Board opined as follows:-

(3.) An affidavit-in-opposition has been filed wherein it has been stated in paragraph 6 that the petitioner submitted his school certificate, but as that was not properly investigated and he was retired from service as indicated above. The order of release vide Annexure-4 quoted above is an arbitrary, whimsical exercise of power. So, on this short ground alone, this writ application is allowed. The order releasing the petitioner from service shall stand quashed. But the matter does not end there. It is needless to say that the petitioner shall be entitled to all the back wages from the date of release till he attains the age of superannuation i.e. January/2001. The back wages shall be paid to the petitioner within a period of four (4) months. The petitioner is entitled the back wages as he was thrown out from service in a most mechanical manner and that too a poor employee who was working since 1967. The next question is that what relief can be granted to the petitioner in addition to the relief which has been granted earlier. In this connection, one may have a look at (1999) 1 SCC 741 (U.P. State Cooperative Land Development Bank Ltd. Vs. Chandra Bhan Dubey and Ors) where the Supreme Court has laid down the law as follows: