JUDGEMENT
-
(1.)This application under Article 226 of the Constitution of India has been filed to quash the Resolution dated 21.11.87 (Annexure-13) to the writ application passed by the Board of Directors of Cachar Sugar Mills Limited, Respondent No. 1 in the writ application.
(2.)The aforesaid Resolution is as follows:
Promotion cases of the year 1981 and 1982 were discussed in details. It was noted that these promotions did not have approved of the competent authority. As such the Board decided not to regularise the same and resolved that the concerned 17 (seventeen) employees of the company viz. Sarbasree (1) A.K. Sinha (2) Tarun Choudhury (3) Faizur Rahman, (4) Subraia Roy. (5) Satanjlb Dutta, (6) Sunamoni Singh, (7) Sankar Dutta, (8) Bidhu Bhusan Das, (9) Monoj Kanti Purkayastha (10) Aloka Chatterjee (11) D.R. De, (12) Debeswar Das, 13 Debotosh Sen (14) S.N. Roy (15) Amaleudu Das, (16) Sumarendra Choudhury & (17) BirajHazarika be reverted back.
(3.)The brief facts are as follows:
The Petitioner No. 1 Sri Amar Kumar Singha was appointed as Seniors Accounts Assistant in 1975 and on 27.7.81 he was promoted to the post of Accounts Assistant. The Petitioner No. 2 Sri Faiaur Rahman was appointed as Jr. Accounts Asstt. in 1978 and on 1.11.82 he was promoted to the post of Senior Accounts Assistant. The Petitioner No. 3 Sri Manoj Kanti Purkayastha was appointed as Jr. office Assistant-cum-Typist in the year 1973 and on 28.1.8 (sic) he was promoted to the post of Sr. Office Assitant. The Petitioner No. 4 Sri Depotosh Sen was appointed as Typist in 1976 and was promoted to the post of Sr. Office Assistant on 28.1.83. The Petitioner No. 5 Sri Debeswar Das was appointed as Jr. Office Assistant-cum-Typist in 1976 and he was promoted to the post of Sr. Office Assistant on 1.11.82. The Petitioner No. 6 Sri Bidhubhusan Das was appointed as Typist in 1976 and was promoted on 1.11.82 as Sr. Office Assistant. The Petitioner No. 7 Sri Suoroto Hoy was appointed as clerk in 1980 and he was promoted as Sr. Accounts Assistant on 1.11.82. The Petitioner No. 8 Sri Satanjib Dutta was appointed as clerk in 1977 and he was promoted as Sr. Accounts Assistant on 1.11.82. The Petitioner No. 9 Sri Samarendra Choudhury was appointed as Mohorar in the year 1974 and he was promoted as Store Keeper on 23.1.82. The Petitioner No (sic) Amalendu Das was appointed as Time Keeper in 1977 and promoted to the post of Asstt. lead Time Keeper on 1.11.82. The Petitioner No. 11 Sri Biraj Hazarika was appointed as Boiling Mouse fitter in 1977 and he was promoted as Boiling House Incharge on 1.11.82. The Petitioner No. 12 Sri Dipti Ranjan Dey was appointed as 'Typist in the year 1973 and he was promoted to the post of Sr. Office Assistant on 1.11.82. All these persons were employed under the Cachar Sugar Mills Ltd. A Govt. of Assam Enterprise, Respondent No. 1. The orders of promotion of the Petitioners are available from Annexure-1 to 12 to the writ application. Annexure-1, the promotional letter relates to Sri A.K. Sinha. The period, of probation for a period of 6 months Annexure-2 relates to Sri Faijur Rahman the period of probation was for a period of one year. Annexure-3 relates to Sri Manoj Kanti Purkayastha. There was no period of probation. Annexure-4 relates to Debatosh Sen and there was no period of probation. Annexure-5 relates to Debeswar Das and there was also no period of probation. Annexure-6 relates to Bidhu Bhusan Das and there the period of probation is one year. Annexure-7 relates to Subroto Roy and there was no period of probation. Annexure-8 relates to Satanjib Dutta and there also was no period of probation. Anneure-9 relates to Samarendra Choudhury and there is the period of probation of one year. Annexure-10 relates to Amalendu Das and there was no period of probation. Annexure-11 relates to Biraj Hazarika and there was also no period of probation. Annexure-12 relates to Dipti Ranjan Das and there was also no period of probation. In these letters of promotion there was nothing about the ruquirement of approval by the Board of Directors of Respondent No. 1. Further, by the impugned resolution all these Petitioners were reverted after 5-7 years of their promotion only on the ground that these promotions were not approved by the competent authority and as such the Board by the impugned resolution decided not to regularise their services. In pursuance of the Resolution on 21.11.87 the Managing Director issued orders of reversion of the Petitioners to their original posts. These orders are available at Annexure-14(1) to 14(12) to the writ application. On 1.12.87 a representation was filed to the Managing Director by the Association of Chinikal employees. On 21.12.87 another representation was filed. These two representations are at An-nexure-15 and 16 to the writ application. (sic) the pendency of the writ application, the Respondent No. 2 again promoted the Petitioner No. 2 alone, but he did not promote the other Petitioners. Hence, this writ application.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.