BIPUL KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr K Sarma, the learned counsel appearing on behalf of the petitioner. Mr T R Gogoi, learned counsel appears on behalf of the respondent No. 1, Mr G Baishya, learned Standing Counsel of the Gauhati High Court, appears on behalf of respondent Nos. 2 and 3, Mr R Borpujari, learned Standing Counsel, appears on behalf of the Finance Department and Mr R K Talukdar, the learned Standing Counsel of the Accountant General (A and E) Assam, for the respondent No. 5.

(2.) The present writ petition has been filed by the petitioner, challenging the written communications enclosed as Annexures- 8 and 9 to the writ petition, whereby the petitioner was informed that he cannot subscribe to the General Provident Fund and the petitioner would be refunded all such amounts deposited while subscribing to the said Fund with interest up to 31/12/2011 and thereupon, there shall be no interest on the said amount.

(3.) The brief facts, which led to the filing of the instant writ petition are narrated infra: The petitioner herein, was initially appointed as a Mali in the office of the District and Sessions Judge, Barpeta. A perusal of Annexures-1 and 2 (colly), shows that the appointment of the petitioner was purely temporary and was personal to the officer, who happened to appoint him from time to time. For the first time, the petitioner was appointed against a substantive vacancy in the capacity of an Office Peon, vide an order dtd. 1/12/2005, as would appear from a perusal of Page-33 of the writ petition. Subsequently, on the recommendation of the Selection Committee, vide an order dtd. 28/6/2016, he was promoted to the post of Jarikarak in the office of the Munsiff No. 1, Barpeta. The petitioner was promoted, thereafter, to the post of LDA and at the time of filing the writ petition, he was working in the establishment of the District and Sessions Judge, Bajali, Pathsala. It is stated at the Bar that the petitioner presently, is working in the establishment of the District and Sessions Judge, Kamrup (Rural), Amingaon.