BIPUL KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. U. K. Nair, learned advocate for the petitioner, Ms B. Goyal, learned advocate representing the State and Mr. B. C. Das, learned senior advocate for the respondent No. 2. The present petition has been filed by a Grade-IV appointee in the establishment of District and Sessions Judge, Barpeta making a grievance of non-payment of his salary from the month of January, 2006. The petitioner has prayed for a direction for payment of his arrear salary as well as for further direction for ensuring timely disbursal of his salary and allowances by the respondent-authorities.

(2.) THE writ petitioner on the basis of appointment order dated 20. 01. 1998 (Annexure-1) issued by the District and Sessions Judge, Kamrup, Guwahati was appointed as a 'mali' at a fixed salary of Rs. 900/- per month. It is averred that the said appointment had been made as per the practice and procedure followed for a long time whereby under the establishment of the District and Sessions Judge, engagement of Grade-IV employees, in the event of requirement, is permissible. By the nature of engagement of the writ petitioner, he was attached to Mr. K. Sarma, District and Sessions Judge and movement of the Judge by way of transfer, also entailed movement of the writ petitioner as per the posting of the said District and Sessions Judge. In such manner, the petitioner has served in different places in different capacities and copies of orders of engagement of the petitioner are collectively enclosed to the writ petition as Annexure-2 series.

(3.) EVENTUALLY when Mr. K. Sarma was posted as the District and Sessions Judge, Barpeta, the petitioner was appointed as a 'mali' on wage basis in the residential bungalow of the Judge by issuance of appointment order dated 19-05-2005. While the petitioner was engaged as aforesaid, a post of office Peon fell vacant under the establishment of the District and Sessions Judge, Barpeta because of promotion of the regular incumbent to a higher post. The petitioner being eligible applied for appointment to the said post of office peon.