BHUGESWAR GOGOI Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) Heard Mr. Y.S. Mannan, the learned counsel appearing for the petitioner. Also heard Mr. D. Nath, the learned Addl. Senior Govt. Advocate, Assam, who appears for the State respondents.

(2.) The petitioner served as a Sub-Major and Honorary Captain in the Indian Army and superannuated on 31.10.2010. He was re-employed as Zila Sainik Welfare Officer, Lakhimpur, under the office order dated 6.5.2002 (Annexure-D), issued by the Director, Sainik Welfare, Assam. The same authority stipulated under his communication of 20.9.2002 (Annexure-F), that the petitioner will receive salary of Rs. 5425/- P.M. but the order on allowance will follow later.

(3.) The petitioner joined service on 10.5.2002, under the State Government and his initial two years tenure was extended by another two years and in this manner, the petitioner served for four years as Zila Sainik Welfare Officer, under the Assam Government. Notwithstanding the assurance to issue order on allowance at a later date under the communication of 20.9.2002 (Annexure-F), no order on allowance was passed by the authorities and accordingly, the aggrieved party filed the WP(C) No. 1791/2007, to claim his dues.