PABAN KUMAR BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) 1. This Writ application has been filed praying the following relief: -

(2.) The brief facts of the case are as follows :- The petitioner joined in the service of the Government of Assam as Lower Division Assistant and was placed with the Directorate of Geology and Mining. On 21.7.70, the petitioner was confirmed and promoted as Upper Division Assistant. While working as Upper Division Assistant the petitioner applied for the post of Inspector, Housing with the Directorate of Housing under the Town and Country Planning Department of the Government of Assam being duly processed and selected by the Assam Public Service Commission to the said post. A Notification was issued appointing the petitioner as Inspector of Housing with the Directorate of Housing. On 17.5.92 the petitioner joined the post stated to be with full protection of pay, seniority and other service benefits. While holding lien in the substantive post under the Government of Assam the petitioner was sent on deputation for a period of one year in public interest to the Asaam State Housing Board, Gauhati, consequent to its creation as per the Assam State Housing Act, 1972. Though the deputation initially was for a period of one year the petitioner thereafter was retained with the Assam State Housing Board. More-over the post of Inspector, Housing was redesignated by the Housing Board as Housing Officer. It is stated that the terms and conditions of the petitioner's service on deputation to the Housing Board was governed by Government Notification dated 29.7.74. The terms and conditions, inter-alia, guaranteed that the petitioner shall count his seniority and other benefits in matter of pay, pension, gratuity, leave protection as admissible under the Government Rules and service conditions while serving under Board on deputation, that is Annexure-A to the Writ application. On 6.4.88 Housing Board called for an option from the deputed Government employees under Rule 5(4) (i) of the Assam State Housing Board [Rules, 1976. The deputed Government employees were asked to exercise their option to serve under the Board on terms and conditions of the Board. It was made clear that if any deputed Government employee fails to exercise his option, it was to be presumed that he agreed to serve the Board under the conditions of service applicable to Government Servant, that is Anoexure-B which is quoted below :-

(3.) No doubd this option was called for after 14 years of the petitioner's joining the Board as Housing Officer. Prior to this no option was called for from the deputed Government employees. The petitioner was serving as Housing Officer at Sibsagar, prior to creation of a separate District of Sibsagar. After creation of new Sibsagar District with two civil Sub-Divisions the petitioner had to work more and hence the petitioner asked for granting financial benefits for holding an additional charge as per Rules. On 20.12.89 the petitioner made a representation wherein he requested that he may be sent back to his parent cadre. This is Annexure-C which is to quoted below :-