MUKUT CH BORAH Vs. SAFIQUR UAHMAN CHOUDHURY

JUDGEMENT

(1.) The appellant herein who was the Respondent No. 6 in the W.P.(C) No. 93 of 2003, has assailed the legality and validity of the impugned judgment and order dated 30.8.2005 passed by the learned Single Judge ruling inter alia that the appellant has no legal right to hold the post of Head Assistant by virtue of the order passed by the Municipal Board by way of review recalling the order of compulsory retirement as the powers of review are not available to the board under the provisions of the Assam Municipal Act, 1956.

(2.) The appellant was working as Head Assistant of Nagaon Municipal Board. He was placed under suspension by the Executive officer by an order passed on 24.4.1997. Thereafter, by the order dated 17.6.1997, the Executive Officer of the Board compulsorily retired him from service. The order of compulsory retirement reads as follows: "Perused all the service records and other relevant records relating to the service of Shri Mukut Chandra Bora, Head Asstt. (under suspension), Nagaon Municipal Board. Shri Bora has completed 29 years of service. After perual of all the records and facts, I am satisfied that it is on public interest that Shri Mukut Ch. Bora be sent on compulsory retirement. Accordingly Sri Mukut Ch. Bora is directed to be sent on compulsory retirement. This decision is not related to any disciplinary proceedings pending against him at this time. The period of his suspension given vide order Np. 1 -12/- 97-98/270- 74 dated 28.4.97 shall be treated as on duty. He will be entitled to all benefits of retirement as per rule."

(3.) The aforesaid order of compulsory retirement was challenged by the appellant in Civil Rule No. 2884 of 1997. The said writ petition was dismissed by this court by the Judgment and order dated 5.1.2001. Writ appeal No. 34 of 2001 was preferred against the judgment of the learned Single Judge. During the pendency of the writ appeal, elected representatives assumed charge of the affairs of the Municipal Board. Thereafter, the Board by Resolutions No. 3 and 4 dated 12.11.2001 reinstated the appellant in service and rejected the prayer of the Shri Safiqur Rahman Choudhury (Respondent No. 1) to grant him senior position with effect from the date of extension of service of another employee namely, Shir Atul Ch. Baruah. On such resolutions having been passed, the appellant did not press the Writ Appeal No. 34 of 2001 which stood dismissed on 10.9.2002. The Resolutions No. 3 and 4 dated 12.11.2001 read as followes: