PRADYUT BARUAH Vs. PRINCIPAL SECRETARY GOVERNMENT OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed with regard to a claim for pay protection. The petitioner, who is a diploma holder in Civil Engineering, was initially appointed as a Sector Inspector Trainee pursuant to a duly conducted recruitment process initiated by the Jorhat Development Authority (JDA). The said authority is constituted under the Assam Town and Country Planning Act, 1959 (Act of 1959) and is under the Department of Urban Development, Government of Assam.

(2.) It is the case of the petitioner that his appointment which was made on 8/3/2001 was regularized w.e.f. 1/3/2002. While in service, an advertisement was published by the Assam Public Service Commission (APSC) on 8/10/2007 for filling up 3 numbers of post of Junior Engineer (Civil) in the Department of Town and Country Planning. The petitioner applied for the said post and since, he was already employed with the JDA, the application dtd. 24/10/2007 was duly forwarded by the JDA. The petitioner was selected in the said recruitment process and vide order dtd. 3/6/2009, he was appointed as a Junior Engineer (Civil) under the Directorate of Town and Country Planning.

(3.) The grievance of the petitioner is that while being appointed in the aforesaid capacity, he was not given the pay protection and in this regard, he had made a representation dtd. 17/7/2009. There was response by the Director of Town and Country Planning by stating that the petitioner was earlier serving in the JDA. The claim of the petitioner was, however, negated in terms of the opinion expressed by the Finance Department that the earlier post in which the petitioner was working was a non-government post.