KAMAL BHUYAN Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) (Oral) - In this application under Art. 226 of the Constitution of India, petitioner has prayed for issuance of appropriate writ or direction. The petitioner's main grievance is that his service has not been regularised for no fault of his.

(2.) The petitioner's case, in brief, is that he was appointed Power Pump Operator by the Executive (Agri), North Lakhimpur on 13.12.1972. Pursuant to the said appointment order petitioner joined duty on 15.12.72 and he served in that capacity for sometime. Thereafter, on 11.4.77 the petitioner joined in the office of the Executive Engineer, Eastern Assam, Ground Water Division (Irrigation), Jorhat on deputation as Power Plant Operator and served till June, 1978. Thereafter, he was transferred to Lakhimpur Division by the 2nd respondent by his order dated 23.9.77. However, this order of transfer was received by the petitioner in the last part of June, 1978. On receipt of the said order of transfer the petitioner went to join at Lakhimpur Division, however, he was not allowed to join on the ground that the authority did not receive any release order from the Jorhat Division. The petitioner was also not paid his salary.

(3.) Situated thus, the petitioner instituted a suit (TS 52 of 1984) in the Court of the Munsiff at North Lakhimpur. This suit was decreed. As per the said decree, a mandatory injunction was granted directing the authority to allow the petitioner to work as Power Pump Operator in the office of the 3rd respondent and also to pay salary since July, 1978. Appeal was preferred by the State Government against the decree passed by the Munsiff, which was dismissed. Again a second appeal (SA 130 of 1987) was also filed by the State Government before this Court. This Court disposed of the second appeal with certain modifications directing the authorities to allow the petitioner to join in the said post or in equivalent post in any place.