RAJESH KUMAR GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. SP Hussain, learned counsel for the petitioner and Mr. Y Doloi, learned Additional Advocate General for the respondents.

(2.) Ms. SP Hussain, learned counsel for the petitioner submits that as the petitioner No. 1 has already got the relief, cause of action survives only in respect of the petitioner No. Therefore, only the case of petitioner No. 2 shall be examined and he shall be referred to as the petitioner for convenience hereafter.

(3.) The facts of the case in brief is that the petitioner was appointed as orderly peon and attached to the Member, Foreigners Tribunal, Goalpara w.e.f 1.7.2008 in the pay scale of Rs. 2450-3670 per month vide order dated 22.8.2008 (Annexure-2). The approval of the Finance was also accorded for such appointment as can be seen from his communication made by the Under Secretary to the Government of Assam, Finance (Budget) Department to the Treasury Officer of Goalpara on 4.2009 (Annexure-3).