SRI MAHADANANDA TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Petitioner having been appointed as Lower Division Assistant (in short, 'LDA'), in the year 1981, under Panchayat and Rural Development Department, Government of Assam, and came to be promoted, in course of time, as Upper Division Assistant (in short, 'UDA'). While so working as LDA in the said Directorate, the Petitioner was transferred to the District Rural Development Agency (in short, 'DRDA'), in the year 1985, and posted at Dhubri. The Petitioner was promoted to the post of UDA in the office of the DRDA, Nalbari. It was in the year 1993, that the Petitioner was promoted to the post of Head Assistant in the said establishment and thereafter, he was transferred, in the said capacity, to DRDA, Nalbari. Where the Petitioner was still working as Head Assistant, DRDA, Nalbari, an order was issued, on 15-12-2010, by the Respondent No. 3, namely, Project Director, DRDA, Nalbari, stating to the effect, inter alia, that the Petitioner was to retire, on superannuation, on 31-07-2010. He has accordingly been released with effect from 31-07-2010. Responding to the order, dated 31-07-2010 aforementioned, the Petitioner made a representation, dated 21-12-2010, addressed to the Respondent No. 3, wherein he did not dispute the fact that he had to superannuate on 31-07-2010, but he contended that since he had served till 15-12-2010, he shall be paid salary up to the month of December, 2010. The said representation, 21-12-2010, was followed by another representation, dated 27-01-2011, addressed to the Respondent No. 2, namely, Deputy Commissioner and Executive Director, DRDA, Nalbari, seeking the same relief, namely, payment of salary upto the month of December, 2010. Alleging that he ought to have paid the salary upto the month of December, 2010, the Petitioner has filed this writ petition under Article 226 seeking appropriate direction to be issued to the Respondents directing them to pay to the Petitioner salary upto the month of December, 2010.

(2.) I have heard Mr. MA Sheikh, learned Counsel for the Petitioner, and Mr. BJ Ghosh, learned Government Advocate, appearing on behalf of the Respondents.

(3.) While considering the present writ petition, it needs to be noted that the fact that the Petitioner was to retire, on super annuation, in ordinary course, on 31-07-2010, is not in dispute. The question is as to whether the Petitioner shall be directed to be paid his salary upto the end of the month of December, 2010. While considering this question, it needs to be noted that the Petitioner went on medical leave with effect from 01-07-2010 and remained on leave till 30-09-2010, the medical leave having been granted to the Petitioner by order, dated 16-10-2010, passed by the Respondents concerned pursuant to the Petitioner's own application seeking leave.