BORIK PERME Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Ms. T. Y. Bhutia, learned counsel for the petitioner. Also heard Mr. I. Riram, learned Additional Senior Government Advocate for the respondents.

(2.) The grievance raised by the petitioner in the present proceedings is with regard to non-regularisation of his services w.e.f. February 2020 to March 2022 and the consequential non-release of his salaries for the said period. The petitioner has also raised a grievance with regard to the denial to him of the benefits under MACP scheme which was due to him w.e.f. 23/7/2019.

(3.) The facts as requisite for adjudication of the issue arising in the present proceedings is noticed, hereinbelow: The petitioner was vide an order dtd. 14/1/2020, ordered to be transferred and posted from Jomlo Farm to Palin in the same capacity. It is to be noted that the petitioner is working as a Horticulture Development Officer (HDO) and at the relevant point of time, was posted at such capacity at Jomlo Farm. The petitioner being aggrieved by the said order of transfer, had approached this Court by way of instituting WP(C)No. 42(AP)2020 assailing the said order. This Court vide order dtd. 31/1/2020, disposed of the said writ petition, requiring the competent authority to consider the representation as preferred by the petitioner against the said order of transfer and it was further provided that till such time, the representation is not disposed of, no coercive action against the petitioner shall be taken. The petitioner, accordingly, submitted the certified copy of the order before the Secretary, Agriculture/Horticulture, Government of Arunachal Pradesh. The Director of Horticulture, Government of Arunachal Pradesh, vide order dtd. 29/1/2020, permitted the petitioner to continue at Jomlo Farm up to March 2020 and thereafter, it was provided that he may be released immediately to join his new place of posting. The petitioner, in terms of the order of the Director, dtd. 29/1/2020, submitted his joining report before the Deputy Director, Horticulture, Jomlo Farm, however, the same was not accepted and the petitioner was not allowed to resume his service. Subsequently, vide an order dtd. 8/6/2020, in modification of the earlier order dtd. 14/1/2020, the petitioner was transferred and posted from Jomlo Farm to Geku under the Deputy Horticulture Officer, Upper Siang. It is the contention of the petitioner that the order of transfer, dtd. 8/6/2020, was brought to the notice of the Deputy Director of Horticulture, Jomlo Farm by him vide his representation dtd. 23/6/2020, with a prayer that necessary order of release be issued in his case for the purpose of undertaking the said transfer. The petitioner also in the said representation, prayed for returning of his Service-book and for disbursement of his salaries, which were in arrears w.e.f. February, 2020. The said prayer of the petitioner was not considered and accordingly, the petitioner approached the Director, Department of Horticulture, Chimpu, Itanagar, vide his representation dtd. 3/9/2020 for a direction to the Deputy Director, Horticulture, Jomlo farm, for releasing him for the purpose of undertaking the transfer as ordered in his case vide order dtd. 8/6/2020. It is seen that the Secretary, Horticulture, vide his order dtd. 27/10/2020, has directed the Deputy Director, Jomlo Farm to release the petitioner immediately. In spite of the said developments, the petitioner was not released from Jomlo Farm and accordingly, he also not being permitted to discharge his duties, therein, was denied his salaries. The petitioner had on a regular basis informed the Departmental Authorities about the action on the part of the Deputy Director of Horticulture, Jomlo Farm, in not complying with the directions issued by the Departmental Authorities to him towards his release from Jomlo Farm. Accordingly, the Director of Horticulture, vide his order dtd. 16/9/2021 directed the Deputy Director of Horticulture, Jomlo Farm to release the petitioner from Jomlo Farm to facilitate his joining at Geku within 7(seven) days from the date of issuance of the said order. It was further provided that non-compliance of the directions as contained in the order may lead to disciplinary action against the said authority. The Deputy Director in spite of being so directed in the matter vide order dtd. 16/9/2021 by the Director of Horticulture, Government of Arunachal Pradesh, did not take any steps for release of the petitioner from the Jomlo Farm. Accordingly, vide an order dtd. 23/2/2022, the Disciplinary Authority proceeded to place the Deputy Director, Horticulture, Jomlo Farm under suspension by invoking the provisions of Rule 10(1) of the Central Civil Services (Classification, Control and Appeal), Rules, 1965. The Secretary, Department of Horticulture, vide its order dtd. 16/3/2022, after noticing the defiance of the Deputy Director, Horticulture, Jomlo Farm, in not complying with the directions issued to him to release the petitioner from Jomlo Farm to enable him to join his new place of posting at Geku and also, noticing that the petitioner has filed several representations in this connection, proceeded to direct that the petitioner be released immediately from Jomlo Farm to enable him to join his new place of posting at Geku. It is relevant to note that the Secretary in its said order dtd. 16/3/2022 has recorded a finding that the Deputy Director of Horticulture, Jomlo Farm was given sufficient time of 2(two) full years to release the petitioner from his establishment and to mend his conduct before the authorities. However, the said Deputy Director, Jomlo Farm continued to defy Government order and rendered the service of the petitioner jobless for 2 (two) years. Accordingly, it was brought on record that the said Deputy Director was placed under suspension vide order dtd. 23/2/2022 for his said misconduct. In pursuance to the incumbent in the post of Deputy Director, Horticulture, being placed under suspension, the person holding the charge of the said post in terms of the directions as passed by the Secretary of the Department vide its order dtd. 16/3/2022, proceeded vide the release order dtd. 21/3/2022 to release the petitioner from Jomlo Farm, enabling him to join at his place of posting at Geku. The petitioner was also given his last pay certificate for the purpose. The petitioner, thereafter, on release, having joined his transfer place of posting had been approaching the authorities for regularisation of his said period since, February, 2020 till March, 2022 and for release of his salaries. However, the said representations having not evoked any response, the petitioner has instituted the present proceedings before the Court.