HEMANTA KR TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr B.K. Sharma, learned sr. counsel assisted by Mr U.K. Nair, learned counsel for the petitioner. Also heard Mr A. Thakur, learned State Counsel appearing on behalf of the Staterespondents.

(2.) The grievances narrated in this writ petition are that initially the petitioner was appointed in the post of Child Development Project Officer in the Social Welfare Department under Regulation 3(f) of the Assam Public Service Commission (Limitation & Functions) Regulation, 1951 (for short "the regulation) vide notification dated 7.8.93 with a condition that the petitioner was liable to qualify within the existing vacancies, in the next interview to be conducted by the Assam Public Service Commission (for short APSC), the respondent No. 3, failing which their services will be terminated and the same is evident from appointment notification dated 7.8.93 itself (Annexure-1 to the writ petition). But the petitioner's services was terminated w.e.f. 6.2.99 vide notification dated 6.2.99 on the ground of certain irregularities committed by him while working as Child Development Project Officer under 3(f) of the regulation without affording any opportunity of hearing.

(3.) When the petitioner was in service, in terms of his appointment, he took interview held by the APSC for regular appointment/regularisation in his service. He was selected and a select list in order of merit was prepared on 26.6.98 (Annexure-4 to the writ petition) for recruitment of 15 posts of Superintendent of Home/Child Development Project Officer/Probation Officer and allied cadre posts under Directorate of Social Welfare and Probation. Assam where the petitioner was placed at SI. No. 3. According to him, the persons placed under him in the select list have already been appointed without considering his case for appointment despite his 3rd position. One Sri Pradyut Sarma who was placed at SI. No. 10 has also been appointed by the authorities in compliance of judgment and order dated 28.6.99 passed by this Court in Civil Rule No. 4268/98. It is also placed on record that other candidates namely, 1. Sri Deva Kanta Chetia, 2. Smt. Daisy Hazarika, 3. Sri Bhupesh Kumar Bharali, 4. Sri Sujit Kumar Nath, 5. Sri Debajit Borah and 6. Sri Dinesh Chandra Nath who were placed at SI. Nos. 4, 5, 8, 11, 12 and 13 respectively have also been appointed vide Notification Memo No. SWD 121/98/15 dated 4.3.99. The petitioner's case is that though his services has been terminated that too without giving any hearing to him, by such selection of APSC, he is entitled to for his appointment or regularisation in his existing post.