HEMENDRA NATH CHOUDHURY Vs. ASSAM STATE ELECTRICITY BOARD

JUDGEMENT

(1.) 1. This application under Article 226 of the Constitution of India has been filed praying the following reliefs :- i) To direct the ASEB to issue a formal order absorbing the petitioner permanently in its service from 21.10.80. ii) To direct the respondent Nos. 4 to 6 to pass necessary order releasing the petitioner with effect from 21.10.80 for permanent absorption in ASEB, and iii) To pay pensionary benefits to the petitioner by fixing his pay as Security Officer.

(2.) That on 1.1.60 the petitioner joined as Sub-Inspector in Railway Protection Force. On 7.6.80, the Assam Electricity Board wrote to the Chief Security Officer, N.F. Railway requesting it to sent the petitioner on deputation to the Board. The N.F. Railway, accordingly released the petitioner with effect from 5.10.80 to enable him to join the Board. The petitioner was appointed as an Assistant Security Officer, ASEB on deputation with effect from 21.10.80. On 25.8.84, the ASEB asked the petitioner about his willingness for permanent absorption under the Board. On 31.8.84, the petitioner intimated the Board about his willingness for permanent absorption. The ASEB requested the N.F. Railway to intimate their decision regarding the willingness of the Board for permanent absorption of the petitioner. The N.F. Railway intimated the ASEB that they have no objection about the absorption of the petitioner and requested the Board to allow him to continue as A.S.O. as it will take some time to observe the formalities. The Board continued to utilise the petitioner as A.S.O. In 1991, the Board requested the petitioner to furnish the Matriculation Certificate and to obtain necessary formal order of release from the Railway. In 1991, the ASEB requested the N.F. Railway to release the petitioner at the earliest for permanent absorption. In 1991 the petitioner was promoted to the post of Security Officer on the recommendation of the DPC of the ASEB. On 3.9.92, the N.F. Railway intimated the ASEB about the release of the petitioner for permanent absorption and intimated that the foreign service dues will be transferred to the ASEB. This is Annexure-13 to the Writ application. Annexure-13 reads as follows :

(3.) On 19.11.92, the ASEB intimated the petitioner that he will not be eligible for pension in the event of his permanent absorption i.e. Annexure-14 to the Writ application. Annexure-14 reads as follows :