SEEMA KARMAKAR Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India petitioner seeks quashing of order dated 28.12.2004 and further seeks a direction to the respondents to issue order of re-instatement with back wages.

(2.) Case of the petitioner is that he was appointed as jeep driver on 30.1.1999 by the Executive Engineer, PWD (Roads), Barpeta Division in a regular vacancy. Pursuant to the said order, petitioner joined and started discharging his duty for which he was paid his salary. By order dated 13.4.1999 passed by the Executive Engineer appointment of the petitioner was cancelled on the ground that the appointment was not made by observing the required formalities.

(3.) Petitioner approached this court by filing WP(C) No. 1925/1999. This court by order dated 7.9.2000 allowed the writ petition by quashing the cancellation order dated 13.4.1999. However, the Executive Engineer was given liberty to issue show cause notice to the petitioner in which case the petitioner was also be at liberty to seek personal hearing if he so desired. It was further observed that if the Executive Engineer found that petitioner's appointment was not liable to be cancelled, he should pay the petitioner back wages for the period from the date of cancellation of his appointment and continue to pay the wages of the petitioner till such time he would continue in service.