NITYANANDA MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.B. Prasad, learned counsel for the petitioner as well as Mr. S.P. Choud-hury, learned counsel representing Respondent Nos.1,2,3,4 & 5. Although notice had been duly served upon the Respondent No.6, no representation is made on his behalf.

(2.) Challenge made is to the order dated 27.09.2010 issued under the hand of the Director of Soil Conservation, Assam as well as to the order dated 10.01.2011 issued under the hand of the Commissioner and Secretary to the Government of Assam, Soil Conservation Department. Facts to be noticed is that the petitioner was appointed as Soil Conservation Field Worker under the establishment of Respondent No.4 on 02.07.1990 and thereafter granted officiating promotion to the rank of Soil Conservation Demonstrator (Junior) on 06.03.1997. In so far as the Respondent No.6 is concerned, he was appointed as Soil Conservation Field Worker on 06.08.1990 and subsequently allowed officiating promotion as Soil Conservation Demonstrator (Junior) on 14.12.1998. The officiating promotion granted to the petitioner was cancelled by order dated 03.02.2001 and consequent thereto, he filed two writ petitions before this Court i.e. WP(C) 6998/2002, claiming arrear salary in the officiating post and WP(C) 6999/2002, challenging the cancellation order dated 03.02.2001 as well as the order dated 14.12.1998, whereby officiating promotion was granted to the Respondent No.6. Additional challenge made was to the Gradation List dated 08.03.1995 wherein the name of the petitioner was shown at Sl. No.488 and that of the Respondent No. 6 at Sl. No.465. Whereas the first writ petition was allowed, the second writ petition was disposed of by order dated 26.08.2010. While rendering the said order, this Court noticed that the grievances raised by the petitioner was also the subject-matter in Case No.45 ATA/2001 preferred before the Assam Administrative Tribunal, Guwahati. This Court also noticed that the said case was disposed of by the Tribunal by order dated 29.08.2001 directing the concerned respondent to finalize the Gradation List by taking into account all relevant facts. On consideration thereof, the second writ petition was disposed of with direction to the Respondent No.3 therein i.e. Director of Soil Conservation to take on record the grievances of the petitioner and to pass appropriate orders strictly in accordance with law by a speaking order. Time granted for doing the needful was up to 30.09.2010.

(3.) Following the order of this Court dated 26.08.2010, the Director of Soil Conservation, Assam passed a speaking order on 27.9.2010 holding that the cancellation of the officiating arrangement of the petitioner made by the Divisional Soil Conservation Officer, Nalbari stands. A representation came to be filed by the petitioner on 20.10.2010 indicating that the said speaking order dated 27.09.2010 had not been passed in accordance with the directions made by this Court in WP(C) 6999/2002. The said representation was answered by the impugned order dated 10.01.2011, affirming the stand of the earlier order dated 27.09.2010. It is under these circumstances, the present proceedings was initiated.