TAPAN MALAKAR Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE petitioner was initially appointed as a Process Server Peon by the order dated 8th November, 1994 passed by the District Deputy Registrar of Cooperative Societies. Thereafter, he was absorbed as Lower Division Assistant by an order passed by the same authority on 31.12.1997. His absorption was challenged by another Process Server Peon. The Additional Registrar of Cooperative Societies, by the order dated 17th April, 2000 (Annexure -4) informed the Zonal Joint Registrar of Cooperative Societies that the appointment of the petitioner to the post of Lower Division Assistant was made in contravention of the existing Rules. The Zonal Joint Registrar by the letter dated 8th May, 2000 (Annexure -5) directed the Deputy Registrar of Cooperative Societies to take necessary action in this behalf. The petitioner filed this petition challenging the aforesaid decisions communicated vide letter dated 17th April, 2000 and 8th May, 2000. This Court while issuing notice of motion suspended the operation of the aforesaid two orders (letters) thereby preventing the Deputy Registrar from passing any consequential order of reversion to the post of Process Server Peon.

(2.) I have heard Mr. N. Choudhury, learned counsel for the petitioner and Mr. B. Choudhury, learned State counsel. Mr. B. Banerjee also made submission on behalf of Respondent No. 7. The order of absorption passed on 31st December, 1997 reads as follows :

(3.) IT would appear that a Grade -IV employee has been absorbed against a Grade -III post without undertaking any selection process, Mr. Choudhury, learned counsel for the petitioner tried to justify this order of absorption on the ground that there is no recruitment rules in force regarding selection and appointment of L. D. Assistant and, as such, the appointing authority was competent to pass the order of absorption. The learned counsel further argued that the petitioner has been serving as an L.D.A. on absorption for more than four years and, therefore, it would not be permissible to disturb his status is as L.D.A. at this belated stage. Shri Choudhury further pointed out that the Assam Ministerial District Establishment Service Rules, 1967 are not applicable to the Cooperative Department and, hence, the petitioner cannot be ousted for non -compliance of any provisions incorporated thereof.