Decided on July 08,1994



- (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.
The brief facts are as follows :
(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 :
"Sub :-Permanent absorption of Shri H.N. Choudhury, IPF in ASEB. Ref :- Your letter No. ASEB/PLT/223/80/104 dt. 12.8.92. Shri H.N. Choudhury, EPF/NF Railway, who was on deputation to ASEB is released from NF Railway for permanent absorption in the Assam State Electricity Board, Assam. His lien in the Railway stands terminated. His FS dues will be transferred after regularisation of his period of overstayal beyond the approved period of deputation by the Railway Board. The outstanding foreign service contribution for the period on deputation will have to be paid by ASEB before the FS dues of Shri H.N. Choudhury, are finally transferred."

(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 :
" Sub : Permanent absiorption. I am directed to say that in the light of letter No. P/210/MISC/197 dt. 7.9.92 received from N.F. Railway, Maligaon (Copy enclosed) you will not be eligible for pension in ASEB in the event of your permanent absorption made effect from 3.9.92."

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