ROBIN SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this judgment and order, I propose to dispose of WP (C) Nos. 7602 & 8255 of 2004, for, both these writ petitions are closely inter-related and the same have been heard together.

(2.) Heard Mr. P.K. Goswami, learned senior counsel, assisted by Mr. A.M. Buzarbaruah, learned counsel for the petitioner, and Mr. P.K. Mushahary, learned Senior Government Advocate, appearing for the State respondents. I have also heard Mr. P.C. Deka, learned senior counsel, assisted by Mr. S.K. Medhi, learned counsel, appearing on behalf of the private respondent, namely, respondent No. 4.

(3.) By the Notification, dated 25.03.04, the petitioner's recommendation for promotion to the rank of Executive Engineer (Civil) under Water Resources Department was approved and by order, dated 08.09.04, the petitioner was promoted as Executive Engineer (Civil), Water Resources Department, and posted as Executive Engineer, Diphu Water Resources Division, with Headquarter at Diphu. However, to the posting order of the petitioner, Karbi Anglong Autonomous District Council re-acted by issuing a letter, dated 15.09.2004, addressed to the respondent No. 2, namely, Secretary to the Government of Assam, Department of Water Resources, expressing their inability to accept the service of the petitioner on the ground that no prior "No Objection Certificate" for the petitioner's posting at Diphu had been obtained by the Government from the said Council in terms of Clause H of the Government Office Memorandum No. HAD-57/95/316, dated 31.12.96. In Partial modification of the order, dated 08.09.04, aforementioned, the petitioner was, then, vide order, dated 29.09.04, transferred and posted as Executive Engineer, Guwahati East E&D Division, with Headquarter at Guwahati, replacing the private respondent, i.e. respondent No. 4. Though the petitioner reported for duty and submitted his joining report on 30.09.04 at 4 p.m., the incumbent of the post to which the petitioner had been transferred, namely, respondent No. 4 did not hand over the charge to the petitioner on the ground that the said order, dated 29.09.2004 (whereby the petitioner had been posted in the place of the respondent No. 4) had been modified subsequently by order, dated 30.09.04, staying thereby the order, dated 29.09.2004, aforementioned until further order by the Department concerned. Aggrieved by the order, dated 30.09.2004, aforementioned, whereby the petitioner's transfer to the post occupied by the respondent No.4 was stayed, the petitioner impugned the same in WP(C) No. 7602/04 seeking, inter alia, a direction staying the operation of the impugned order, dated 30.09.04, aforementioned. While issuing notice of motion, on 04.10.04, this Court stayed the order, dated 30.09.04, aforementioned until returnable date i.e. 13.10.2004. While the matter stood so poised, the Notification/ oirder, dated 29.09.04, was modified by Notification, dated 12.10.2004, and the petitioner was posted, on promotion, as Executive Engineer (Quality Control) Water Resources Department with Headquarter at Guwahati with immediate effect relieving thereby the incumbent thereof, who was holding the additional charge of the office of the Executive Engineer (Quality Control). It is this order, which stands impugned in WP (C) No. 8255/04.