RAMANI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri R. Mazumdar, learned counsel for the petitioner. Also heard Shri K. Gogoi, learned Additional Senior Government Advocate, Assam for the Judicial Department; Shri HK Das, learned Standing Counsel for the Gauhati High Court; Shri R. Dhar, learned counsel and Ms. S. Barik, learned counsel on behalf of Shri SK Medhi, learned Standing Counsel, AG, Assam and Shri R. Borpujari, learned Standing Counsel for the Finance Department.

(2.) Considering the issues involved which relate to non-payment of salaries to the petitioner as well as his 'temporary release' from service as a Sweeper in the establishment of the Chief Judicial Magistrate, Baksa and also considering that the contesting respondents have filed their affidavit-in-opposition, the writ petitions are taken up for disposal at the admission stage. However, before going to the issues directly, it would be convenient to narrate the facts involved briefly.

(3.) The establishment of the Chief Judicial Magistrate, Baksa was created in the year 2007. Vide the communication issued by the Judicial Department, Government of Assam dtd. 31/3/2007, the sanction of the Governor of Assam for creation of 158 number of posts in the newly created districts including that of Baksa was notified in which there was one post of Sweeper in the establishment of the Chief Judicial Magistrate, Baksa. The said notification stated that those were issued in terms of two Office Memoranda of the Finance Department dtd. 3/7/2015 and 4/9/2015. The Judicial Department, Government of Assam had issued a communication dtd. 4/11/2015 conveying the sanction of the Governor of Assam to the permanent retention of 158 number of posts which includes three number of posts of Sweeper in each of the Courts of Udalguri, Chirang and Baksa. The said notification had also referred to the two Office Memoranda of the Finance Department dtd. 3/7/2015 and 4/9/2015.