PANKAJ KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petition has been instituted under Article 226 of the Constitution of India with two-fold prayers, firstly, for setting aside and quashing of an order dtd. 12/9/2019 passed by the respondent No. 3, that is, the Commissioner and Secretary to the Government of Assam, Secretariat Administration Department [SAD], and secondly, for a direction to the State respondents to consider the case of the petitioner for merger of the post of Data Entry Operator in which he is currently serving, with the post of Junior Administrative Assistant [Jr.A.A.] in the establishment of the General Administration Department [GAD], Assam Secretariat, Government of Assam in terms of the Resolution made in the Report of the 7th Assam Pay and Productivity Pay Commission and the Report of the Committee constituted to examine the Report of the 7th Assam Pay and Productivity Pay Commission, by giving the consequential service benefits to him as per the provisions of the Assam Secretariat Subordinate Service Rules, 1963, as amended.

(2.) The case projected on behalf of the petitioner can be exposited as follows:

(3.) I have heard Mr. A. Chamuah, learned counsel for the petitioner; Mr. D. Bora, learned Junior Government Advocate, Assam for the respondent Nos. 1 and 2; Mr. P. Nayak, learned Standing Counsel, General Administration Department [GAD] for the respondent Nos. 3 and 4; and Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent No. 5.