GODA NAG Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the petitioner has challenged the validity of the Service Order8 (5)(b)of the Assam Town and Country Planning Service Order, 1990 and also challenged the Office Order dated 1 st March, 1993, giving a direction that Shri J.C. Gosiwami, ACS, Director, Municipal Administration, Assam to hold concurrent charge of the post of Director, Town & Country Manning in addition to his own duties temporarily and until further orders.

(2.) The facts of the case are as follows :- The petitioner is a graduate in Civil Engineering with good academic career. He also obtained Master Degree in Engineering (Public Health) in 1968. Thereafter he joined as Executive Engineer under the Town and Country Planning Department at Guwahati and he worked as such for more than 21 years, without any promotion. He submitted representations before the Commissioner and Secretary, Town and Country Planning Department, Assam praying interalia that he being the seniormost parson in the Department next to the Director, ought to be promoted. There was of course no post of Superintending Engineer at that time. He also requested that nill creation of the new post of Superintending Engineer he be aUowed to hold the charge of the post of Joint Director. A new post of Superintending Engineer was created and the petitioner was promoted to the post of Superintending Engineer under regulation 4 (d) of the Assam Public Service Commission (Limitation of functions) Regulation, 1951. Accordingly, the petitioner joined in the month of January, 1993 in the promotional post of Superintending Engineer in the said Department Though the post of Superintending Engineer was created temporarily the petitioner was working as such till the date of filing of the Civil Rule. The petitioner served as Executive Engineer with effect from 1.7.71 to 6.1.93 and Superintending Engineer from 7.1.93 onwards.

(3.) The Director of the Department Shri Rabindra Nath Bhattacharyya retired from service on 31.8.92. However, the Government extended the period for six months. On his retirement after extended period he handed over charge to Shri J.C. Goswami, A.C.S., who was directed to hold the charge of Director of the Department till the post was filled up on promotion. According to the petitioner most of the Engineers who were recruited by the Government of Assam during the period of 1969-72 in the Town and Country Planning Department did not possess Master Degre in Public Health Engineering and they were sent for higher studies on (Deputation to obtain M.E. (PH) for preparation and execution of Master Plan for Drainage and Sewage. But the Government of Assam did not send any Engineer on deputation to obtain Master Degree or Diploma in Town and Country Planning from any recognised Institute. According to the petitioner the Government preferred and gave more stress on the Master Degree in Public Health Engineering in case of the Engineers. The petitioner also states that the nature of work in this Department requires Engineers of special training in Public Health Engineering. The petitioner further states that though the Town and Country Planning Act, 1959 came into force on 17.2.60 till, the date of filing of the Civil Rule no service Rules were framed under the proviso to Article 309 of the Constitution of India.