GHANASHYAM DAS Vs. STATE OF ASSAM AND 2 ORS
LAWS(GAU)-2018-9-64
HIGH COURT OF GAUHATI
Decided on September 07,2018

GHANASHYAM DAS Appellant
VERSUS
State Of Assam And 2 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Ms. K Devi, the learned counsel for the petitioner and Mr. N Goswami , the learned State counsel for all the respondents.
(2.) The case of the writ petitioner is that he was engaged as Night Chowkidar by the District Social Welfare Officer, Shantipur, Nalbari (respondent No.3) vide office order dated 13.02.1996 (Annexure-4). The said appointment or engagement was pursuant to the communication made by the Director of Social Welfare Department (respondent No.2) on 05.02.1996 (Annexure-3). In terms of his appointment order, the petitioner was engaged as casual employee on a fixed consolidated pay of Rs.900/- per month. While he continued as such, his salary w.e.f. 01.01.2003 was however stopped. Being aggrieved, the petitioner submitted a representation to the respondent No.2 through the respondent No. 3 on 02.07.2011 (Annexure-5) requesting release of his salary, which was unpaid to him since 01.01.2003. However, as he received no positive response, the petitioner is before this Court.
(3.) Appearing for the petitioner, Ms. K Devi, learned counsel submits that the petitioner was engaged as Night Chowkidar on a fixed consolidated pay of Rs.900/- per month, pursuant to the approval of the respondent No.2 and despite him rendering his service till date, he has not been paid his salary w.e.f. 01.01.2003 for reasons best known to the respondents. She further submits that the petitioner has rendered more than 22 years of service as on date and therefore, he is also eligible to be considered for regularization in terms of the Office Memorandum dated 27.06.2013 (Annexure-6), issued by the Finance (ECII) Department, Government of Assam as a onetime measure. Under the circumstances, she submits that a direction may be issued to the respondent authorities to release the unpaid salary of the petitioner and at the same time to regularize his service in terms of the OM dated 27.06.2013 and other relevant guidelines.;


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