PARESH CHANDRA BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. K. Mahajan, learned counsel for the petitioner as well as Mr. B. C. Saikia, learned state counsel representing the Respondents No. 1, 2 and 3. Also heard Mr. B. C. Das, learned Senior counsel representing the respondent-Board. I have also heard Mr. D. C. Borah, learned counsel representing the Respondent No. 5, who has been arrayed as party respondent to-day.

(2.) BY means of this writ petition, the petitioner, a Senior Environmental Engineer under the Board holding the charge as the Member Secretary, has assailed the legality and/or validity of the Annexure-6 communication dated 26th February, 2007 issued by the Government of Assam in the Environment and Forests Department directing him to hand over charge of Member Secretary to the senior most Officer/engineer on his superannuation with effect from 28. 2. 2007. It is the Respondent No. 5, who claims to be the senior most Officer/engineer of the Board and thus, is entitled to take charge as the Member Secretary.

(3.) ACCORDING to the petitioner, the Government of Assam in the Environment and Forests Department has got no jurisdiction and/or authority to issue direction to the petitioner to hand over the charge of Member Secretary on his purported superannuation with effect from 28. 2. 2007. Referring to the purported resolution adopted by the board on 21. 2. 2007 in its 84th meeting raising the age of superannuation of the employees of the Board from 59 years to 60 years, it is the case of the petitioner that he being an employee of the Board, is entitled to continue in service up-to the age of 60 years which he will be attaining on 28. 2. 2008. Thus, according to the petitioner, the impugned letter dated 26. 2. 2007 issued under the signature of the Deputy Secretary to the Government of Assam, Environment and Forests Department is unauthorized and uncalled for being contrary to the decision of the board to raise the age of superannuation to 60 years and since taking into account the said resolution adopted by the Board, the petitioner will retire from service on 28. 2. 2008.