ARUNAVA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. KA Mazumdar, learned counsel for the petitioner. Also heard Mr. MR Adhikary, learned State counsel for respondent Nos.1, 5, 6 and 7 and Mr. P Nayak, learned counsel for No.2 as well as Mr. A Hasan, learned counsel for respondent Nos.3, 4 and 8.

(2.) The petitioner is an ACS Officer, who was initially appointed as Additional Deputy Commissioner in Karimganj by the Notification No.AAP.513/2015/109-EF.The petitioner who was serving as the Additional Deputy Commissioner and In-Charge, District Development Commissioner, Karimganj was promoted and allowed to officiate in the Senior Grade-I of ACS in the pay band-4 of Rs.12,500-40,000/- per month and other allowances as admissible under the Rules and was, accordingly, transferred and posted as Director, Manpower, Assam and Joint Secretary to the Govt. of Assam, Planning and Development and Revenue and Disaster Management Department. Although the petitioner was promoted and transferred as such, he was not released from his earlier assignment as Additional Deputy Commissioner Karimganj by the respondent authorities on the ground that the Assam Assembly elections were on at that relevant point of time. Accordingly, the petitioner had submitted a representation dated 18.05.2016 before the Personnel A Department of the Govt. of Assam with a request that the earlier order of transfer and promotion be modified and that he may be posted in any of the 3(three) districts of Barak Valley in order to enable him to stay in close proximity of his family on humanitarian ground.

(3.) By the Notification dated AAP. 67/2016/78 dated 04.01.2017, the petitioner was again promoted and allowed to officiate in the Selection Grade of ACS in the pay band 4 of Rs.12,500-40,000/- per month and grade pay of Rs.7,600/- per month and other allowances and was posted as the District Development Commissioner, Hailakandi with effect from the date of taking over charge. Accordingly, by the certificate of transfer of charges dated 20.01.2017, the petitioner had taken over the charge of the District Development Commissioner of the district of Hailakandi. Because of the aforesaid discrepancies to the effect that the petitioner was earlier promoted and transferred by the Notification dated 24.12.2015, which could not be given effect due to the election which were on at that relevant point of time and his subsequent promotion and transfer by the Notification dated 04.01.2017, the petitioner has not been issued with the required regular pay slip from the Office of the Accountant General, Assam. It is the prima facie, view of this Court that for the aforesaid discrepancies and anomalies the petitioner cannot be faulted at all.