AHEDUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. A Talukdar, the learned counsel appearing on behalf of the Petitioner and Mr. M. K. Choudhury, the learned Senior counsel assisted by Mr. M. Khan appearing on behalf of the Respondent No.5. I have also heard Mr. U. Sharma, the learned counsel appearing on behalf of the Respondent Nos. 1, 2, 3 and 4 and Mr. K. R. Patgiri, the learned counsel appearing on behalf of Respondent No.6.

(2.) The dispute between the petitioner and the Respondent No. 5 have undergone various litigations. The present two writ petitions are fall out of the said dispute between the Petitioner and the Respondent No.5. In WP(C) No.4733/2018, the challenge has been made to the order dtd. 7/5/2018 whereby the Joint Secretary to the Government of Assam (Secondary Education Department) informed the Director of Secondary Education Department, the decision of the Government to allow the Respondent No.5 to draw his salary with effect from March, 2017 in compliance to this Court's order dtd. 16/2/2018, passed in WP(C) No.4565/2015.

(3.) Pursuant to the said order being passed, WP(C) No.4733/2018 was filed by the Petitioner herein challenging the said order. This Court vide an order dtd. 27/7/2018 directed that the operation of the order dtd. 7/5/2018 shall remain suspended. However, the authorities were directed to release the current salary only i.e. for the month of July, 2018 in favour of the Respondent No.5 which would obviously be subject to further orders that may be passed in the writ petition. Subsequent thereto, the Respondent No.5 filed an Interlocutory Application being I.A.(Civil) No.3118/2018 seeking vacation/modification of the order dtd. 27/7/2018 passed in WP(C) No.4733/2018. This Court vide an order dtd. 3/9/2018 in I.A.(Civil) No.3118/2018 observed that the Commissioner and Secretary, Government of Assam, Secondary Education Department instead of passing a reasoned order, allowed the Joint Secretary in the Department to pass the order dtd. 7/5/2018 by which the salary and allowances of the Respondent No.5 was paid. It was observed that the action in passing the order dtd. 7/5/2018 can be construed to be non-compliance to the order of this Court dtd. 21/7/2017 which have resulted in a complicated situation to which the Respondent No.5 has been paid the salary for which he was not entitled to. Accordingly, this Court directed the Commissioner and Secretary to decide the dispute between the Petitioner and the Respondent No.5 by passing a reasoned order and produce the same before this Court on 24/9/2018. In pursuance to the said order dtd. 3/9/2018 passed in I.A.(Civil) No.3118/2018, the order dtd. 14/9/2018 was passed by the Commissioner and Secretary to the Government of Assam, Elementary and Secondary Education Department, whereby the claims of the Petitioner was not accepted; whereas the claim of the Respondent No.5 was found to be genuine. It is under such circumstances that the second writ petition i.e. WP(C) No.6721/2018 was filed challenging the said order dtd. 14/9/2018. The legality and validity of the orders dtd. 7/5/2018 and 14/9/2018 is therefore the subject matter of the present two writ petitions. In order to decide the legality and validity of the said impugned orders in both the writ petitions, it is relevant to take note of the brief facts of the case.