SHRI. AKSHAY PANT Vs. LIEUTENANT GOVERNOR

JUDGEMENT

(1.) The writ petitioner, a social worker and RTI activist has challenged the illegal appointment of the respondent No.6 as Protocol Officer initially on ad hoc basis and thereafter his absorption in the permanent post by order dated December, 26, 2014. The writ petitioner has prayed for a writ of quo warranto directing the respondents to remove the respondent No.6 from the post of Protocol Officer and further writ commanding the respondent No.1 and 2 to quash the order No. 3849 dated December 2, 2013 issued by Assistant Secretary (GA), Andaman and Nicobar Administration and subsequent order of absorption of the respondent No.6 in the said post of Protocol Officer under General Administration.

(2.) The back drop of the present writ application is as follows. One Dhram Raj, the respondent No.6 was appointed as Lower Grade Clerk with effect from the date of reporting for duty by order No. 1962 dated April 9, 1990 of the Assistant Secretary (Personnel), Andaman & Nicobar Administration. The respondent No.6 had undergone training in the Indian Institute of Legal Metrology at Ranchi while serving as Lower Grade Clerk in the Department of Civil Supplies and Consumers Affairs by virtue of the order No. 691 dated July 29, 1994 issued by Andaman & Nicobar Administration. On May 31, 2011 the respondent No.6 was appointed in the post of Inspector of Weights and Measures (Group B Non Gazetted) in the Department of Civil Supplies and Consumers Affairs in the scale of pay of PB-2, Rs. 9300-34800 plus Grade Pay of Rs. 4200 in relaxation of the Recruitment Rules with effect from July 8, 2006 by issuing order No. 842 dated May 31, 2011 by the Director (CS & CA), Joint Controller of Legal Metrology under the Directorate of Civil Supplies and Consumers Affairs, Andaman & Nicobar Administration. Without making any pleading it is contended on behalf of the respondent No.6 that the post of Inspector of Weights and Measures (Group B Non Gazetted) in the Department of Civil Supplies and Consumers Affairs was redesignated as Legal Metrology Officer. On June 6, 2011 the Assistant Secretary (GA) under Secretariat of Andaman & Nicobar Administration issued order No. 2083 dated June 6, 2011 directing the respondent No.6 to continue to look after the charge of Protocol Officer of Andaman & Nicobar Administration in addition to his own duties in the Department of Civil Supplies and Consumers Affairs without any extra remuneration. On July 28, 2011 the Assistant Secretary (Personnel) under the Secretariat of Andaman & Nicobar Administration issued order No. 2817 dated July 28, 2011 by accepting the technical resignation tendered by the respondent No.6 from the post of Lower Grade Clerk by his letter dated June 1, 2011 with effect from July 8, 2006 from which date effect of his appointment as Inspector of Weights and Measures in the Department of Civil Supplies and Consumers Affairs was given by order No. 842 dated May 31, 2011. The Director (CS & CA), Joint Controller of Legal Metrology under Directorate of Civil Supplies and Consumers Affairs, Andaman & Nicobar Administration complied with the order of the Hon'ble Division Bench of the High Court at Calcutta on November 29, 2012 in MAT No. 36 of 2012 and MAT No. 39 of 2012 affirming the order of the Hon'ble Single Bench of the High Court on July 17, 2012 in WP No. 23 of 2012 by issuing order No.1157 dated July 24, 2013 to the effect that the appointment of the respondent No.6 to the post of Legal Metrology Officer vide order No. 842 dated May 31, 2011 was cancelled and the respondent No.6 was repatriated to his substantive post in the parent department as Lower Grade Clerk with immediate effect. The Special Leave Petition preferred by the respondent No.6 against the judgement and order of the Hon'ble Division Bench of the High Court being petition of special leave to appeal (Civil) 13884 and 13885 of 2013 was dismissed as withdrawn with liberty to the respondent No.6 to approach the High Court for moving the appropriate application. Review petition being RVW No. 006 of 2013 preferred by the respondent No.6 on September 23, 2013 was also dismissed on September 2, 2016 as contended on behalf of respondent No.6 and not disputed by learned counsel for the petitioner and learned counsel for the other respondents.

(3.) The Lt. Governor, Andaman & Nicobar Administration, respondent no.1 redesignated the post of Deputy Superintendent of Police (Group B Gazetted) in the Directorate of IP & T in the Pay Band of Rs. 9300 and 34800 plus Grade Pay of Rs. 4200 as Protocol Officer (Group B Gazetted) under Tourism Department in the same Pay Band and Grade Pay with immediate effect by order No. 1146 dated September 29, 2009 issued by the Assistant Director (Administration) in the Directorate of Tourism, Andaman & Nicobar Administration. The Assistant Director (Administration) under the Directorate of Information Publication and Tourism, Andaman and Nicobar Administration issued order No. 597 on June 9, 2010 for placement of the post of Protocol Officer (Group B Gazetted) from Tourism Department to General Administration of the Secretariat, Andaman & Nicobar Administration. On July 30, 2012 the Assistant Secretary (GA) under the Secretariat, Andaman and Nicobar Administration forwarded the draft Recruitment Rules for filling up the post of Protocol Officer to the Secretary, Union Public Service Commission, Dholpur House, Sahajahan Road, New Delhi by enclosing a copy of the said Draft Recruitment Rules for filling up the post of Protocol Officer in the General Administration of the Andaman and Nicobar Administration.