DILIP LANGTHASA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D Sarmah, learned counsel for the petitioner, Mr. G Bordoloi, learned counsel for the respondents in the Co-operation Department, Government of Assam, Mr. A Chaliha, learned counsel for the respondents in the Finance Department, Mr. A Khanikar, learned counsel for the respondents in the NC Hills Autonomous Council and Mr. T C Chutia, learned Additional Senior Government Advocate for the respondents in the Hill Area Department, Government of Assam.

(2.) The petitioner was appointed as a Driver in the office of the District Deputy Registrar of Co-operative societies, NC Hills, Haflong as per the order of the District Deputy Registrar dtd. 25/4/2007. The order itself provides that the appointment is pending staff inspection unit (SIU) approval and police verification. It is also provided that the appointment is purely temporary and subject to termination at any time.

(3.) The District Deputy Registrar of Co-operative societies, NC Hills, Haflong by the communication dtd. 26/4/2007 made to the Principal Secretary to the NC Hills Autonomous Council, Haflong had made a request that the necessary steps for approval of SIU for regularizing the service of the petitioner along with three other employees be taken. In another communication dtd. 13/5/2010, the District Deputy Registrar of Co-operative societies, NC Hills informs the Principal Secretary that the appointments were made as per the direction of the NC Hills Autonomous Council and therefore, there is a requirement to move for SIU approval through proper channel and that the NC Hills Autonomous Council had made certain communications vide letter No. AC/SIU/3/APPR/SIU/200910/26 dtd. 22/10/2009. The Under Secretary of Assam in the Finance, SIU Department by another communication dtd. 30/11/2017 made to the Treasury Officer, Haflong Treasury provided that the finance SIU Department had given a post facto appraisal No. FSI 1429/2017 for release of salary to the petitioner for the period from 3/5/2007 up to 31/10/2007.