MD HARUNAR RASHID Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Chamuah, the learned counsel for the petitioner and Mr. N. Goswami, the learned Govt. advocate appearing for respondents No. 1 to 4. Also heard Mr. M. Khataniar, the learned standing counsel for the Bodoland Territorial Council, i.e. respondent No.5 and 6 and Mr. P. Nayak, the learned standing counsel for the Finance Department, respondent No.7.

(2.) At the instance of the learned counsel for the petitioner, the matter has been heard at the admission stage by issuing rule returnable forthwith.

(3.) By this writ petition filed under Art. 226 of the Constitution of India, the petitioner is seeking release of his salary since 28.05.1998 and for regularisation of his service. The case of the petitioner, as projected in this writ petition is that he was initially engaged as Lower Division Assistant cum- Typist in the office of the Child Development Project Officer, Khoirabari (CDPO, Khoirabari) by virtue of order dated 28.05.1998 passed by the Director of Social Welfare, Assam. The appointment was extended from time to time. It is projected that subsequently, by order dated 26.03.2001, the Director of Social Welfare, Assam had appointed the petitioner on ad-hoc basis in the same post in the scale of pay of Rs.2890.00 to Rs.5725.00. As the petitioner was not paid his salary, he had approached this Court by filing W.P.(C) No. 4823/2005 and this Court by order dated 14.12.2006, inter-alia, directed the respondents to forthwith release his arrear salary. It is claimed that till date, the petitioner has not been paid his salary.