SURESH RAJBHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri DK Kotoky, learned counsel for the petitioner. Also heard Shri TJ Mahanta, learned Senior Counsel for the Gauhati High Court; Shri D. Nath, learned Senior Government Advocate, Assam for the Judicial Department and Shri R. Borpujari, learned Standing Counsel for the Finance Department.

(2.) Considering the issue involved which relates to non-payment of salaries to the petitioner, who is a Sweeper in the establishment of the District and Sessions Judge, Chirang since the date of his appointment in the year 2016 and also considering that the contesting respondents have filed their affidavit-in-opposition, the instant writ petition is taken up for disposal at the admission stage. However, before going to the issue directly, it would be convenient to narrate the facts of the case briefly.

(3.) The establishment of the District and Sessions Judge in the district of Chirang 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 Chirang was notified in which there were three numbers of posts of Sweeper, both in the establishment of the District and Sessions Judge as well as in the establishment of the Chief Judicial Magistrate. The Committee for Centralized Recruitment of Officers and Staffs of Subordinate Judiciary and all Benches of the High Court had taken a decision which was conveyed to all District Judges including that of the Chirang district, vide communication dtd. 5/10/2012 for filling up vacancies including the post of Sweeper. Pursuant thereto, the District and Sessions Judge, Chirang had initiated the recruitment process, vide a communication dtd. 12/8/2015 issued to the DIPR, Assam for publication of the advertisement in the Newspaper. The advertisement also included one post of Sweeper in the same pay-scales as a Peon (Office) and Chowkidar. The petitioner had participated in the said selection process for the post of Sweeper. In the meantime, 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.