SAMIRAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The core question that calls for our answer is as to whether under the Assam Factories Rules, 1990 as amended by notification dated 7th October, 1996, the post of Chemical Inspector of Factories was amalgamated in the post of Inspector of Factories, or it came to form a separate cadre in itself? The aforesaid question arises in the following facts and circumstances.

(2.) Nine writ petitioners, out of whom only one is the appellant, were appointed as Inspector of Factories between November 1986 to 1992, by direct recruitment. Their service conditions are governed by the Rules, known as Assam Factories Rules, 1990 (hereinafter referred to as 'the Rules'). Prior to the notification dated 7.10.1996, as per Rule 3 of the Rules, the service consisted of the following four categories:- (1) Chief Inspector of Factories, (2) Joint Chief Inspector of Factories, (3) Senior Inspector of Factories, and (4) Inspector of Factories. It may be observed herein that under Rule 3 of the Rules, the Governor is empowered to determine the number of posts of each category of service and such other posts as may be found necessary from time to time.

(3.) It is apparent from the reading of Rule 3 that at the time of commencement of these Rules, the post of Chemical Inspector of Factories was not a part and parcel of the service under the Rules. Respondent, Shri Shyam Purkayastha was appointed as Chemical Inspector of Factories on .21.11.86. As observed above, this post was not a part of the service and was, rather, an, ex-cadre post. It may be further observed that this post was a single isolated ex-cadre post. By a notification issued on 7th July, 1993, by deeming definition, the post of Chemical Inspector of Factories was sought to be included in the post of Inspector of Factories. The notification dated 7th July, 1993 reads as under:-