MONORANJAN SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been instituted by the writ petitioner with three-fold prayers, firstly, for setting aside of an Order dtd. 13/6/2014 passed by the State Government in the Co-operation Department through the Additional Chief Secretary to the Government of Assam, Co-operation Department, and to grant consequential benefits to the writ petitioner; secondly, for setting aside of the appointment of the respondent no. 5 with all consequential benefits; and thirdly, for directing the State respondents to provicialize the service of the writ petitioner with retrospective effect from the year 1994 by absorbing him in a permanent post of Lower Division Assistant [LDA] in the Co-operation Department with all consequential benefits.

(2.) Before consideration of the respective contentions of the parties, it is apposite to take notice of the case, in brief, projected by the petitioner herein. The petitioner, a graduate, stated to have received an information that there was requirement of a Lower Division Assistant [LDA] in the establishment of the Assam Cadre Management Co-operative Society Limited ['the Cadre Management Society', for short]. Having received the information, the petitioner approached the Chairman of the Cadre Management Society and as per the advice of the Chairman of the Cadre Management Society, the petitioner submitted an application before the Chief Executive Officer [CEO] of the Cadre Management Society. On receipt of the application from the petitioner, the CEO of the Cadre Management Society recommended the case of the petitioner for his engagement as an Assistant to the Chairman of the Cadre Management Society. It is stated that there was a resolution in the form of Resolution no. 5 taken by the Board of Directors of the Cadre Management Society on 7/1/1993. It is the case of the petitioner that he came to be appointed as Casual Lower Division Assistant [LDA] in the establishment of the Cadre Management Society by an Office Order no. ACE.133/90/52 dtd. 30/3/1993 issued on the strength of the Resolution no. 5 dtd. 7/1/1993 [supra]. The said Office Order dtd. 30/3/1993 is, however, not part of the case record. Pursuant to the Office Order dtd. 30/3/1993 [supra], the petitioner stated to have joined as Casual Lower Division Assistant [LDA] by submitting a joining letter dtd. 1/4/1993 before the CEO of the Cadre Management Society. After joining as Casual Lower Division Assistant [LDA], the petitioner continued to render his services while submitting representations before the authorities from time to time with the prayer to place him in the regular cadre of Lower Division Assistant [LDA].

(3.) By a Notification dtd. 22/9/1994 issued under the hand of the Commissioner and Secretary to the Government of Assam, Co-operation Department, the State Government provincialized the services of 516 nos. of Cadre Secretaries serving in the Cadre Management Society in the rank of Junior Inspectors/Auditors of Co-operative Societies in the Co-operation Department, Government of Assam. By the Notification, 2 [two] nos. of posts of Upper Division Assistant [UDA], 5 [five] nos. of posts of Lower Division Assistant [LDA], 1 [one] no. of post of Driver and 2 [two] nos. of posts of Grade-IV, maintained and administered by the Cadre Management Society, were also provincialized w.e.f. the date of issuance of the Notification. The Notification further mentioned that on provincialization of their services, the posts those incumbents were holding in the Cadre Management Society would cease to exist. The Notification further mentioned that for completion of other formalities consequent upon provincialization of the services of the employees of the Cadre Management Society, necessary orders would be issued in due course.