(1.) THE petitioner, who was first appointed as a Peon and thereafter as a Driver in Assam Backward Classes Commission is aggrieved by the order of discharge from service.
(2.) THE petitioner was first appointed on daily wage basis with effect from 05. 08. 1994 by order dated 23. 08. 1994 issued by the Member Secretary, Assam Backward Classes Commission. Such appointment of the petitioner was followed by regular selection held for the post of Grade-IV. The interview was conducted on 25. 08. 1994. After the initial appointment on daily wage basis, the petitioner was appointed in regular time scale of pay of Rs. 900/- to 1435/- per month by order dated 31. 08. 1994 issued under the signature of the Principal Secretary of the Commission. Such appointment of the petitioner was made for a period of two months with the stipulation that the final appointment would be considered after receipt of the police verification report. His appointment was further continued for another period of two months by order dated 31. 10. 1994 with the same stipulation. Thereafter, he was given regular appointment on receipt of satisfactory police verification report. The appointment was in the office of the Commission by order dated 31. 12. 1994.
(3.) WHILE the petitioner was continued in the capacity of Peon in the office of the Commission, he was engaged in the post of Driver in the Commission by order dated 28. 02. 1995. While the petitioner was continued as such, he was placed under suspension by order dated 01. 09. 2003 pending drawal of departmental proceeding. He had the occasion to approach this Court by filing the writ petition being W. P. (C) No. 6883/2004 when the order of suspension was not revoked and no departmental proceeding was initiated. The writ petition was disposed of providing that the petitioner would prefer departmental appeal against the order of suspension and the appellate authority would dispose of the same in accordance with rules. In the writ petition, it was also the grievance of the petitioner that he was not paid the subsistence allowance.