PHASSANG CHAYUM Vs. SECRETARY, DEPARTMENT OF AGRICULTURE
LAWS(GAU)-2018-7-172
HIGH COURT OF GAUHATI
Decided on July 25,2018

Phassang Chayum Appellant
VERSUS
Secretary, Department Of Agriculture Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) heard Mr. L. Perme, learned Standing counsel, Agriculture Department, for respondents No. 1 and 2; and Ms. D. Yoka, learned counsel for private respondent No. 3.
(2.) The appellants herein 11(eleven) in numbers were appointed as Agriculture Field Assistant (Junior) on officiating basis for 1 (one) year, under the Department of Agriculture, Government of Arunachal Pradesh vide Orders, dated 25.07.2017, by the Director of Agriculture, Government of Arunachal Pradesh. Accordingly, the petitioners joined on 26.07.2017 in their place of posting. In the meantime, the Secretary (Agriculture), Government of Arunachal Pradesh vide order dated 04.09.2017 cancelled the entire appointment orders of the appellants on the ground that the appointments so made were without maintaining any transparency and observing the official formalities as per the provisions of the Recruitment Rules with immediate effect until further order.Challenging the aforesaid order of termination the appellants filed WP(C)671(AP)2017 on ground that they were not given a reasonable opportunity of being heard thereby denying natural justice. Further contention raised was that no any notice was served upon them nor any departmental proceeding was drawn prior to such termination of service and they are entitled to the protection under Article 311(2) of the Constitution of India.
(3.) The State respondents in their affidavit-in-opposition denied such issuance of appointment letter by any official process. Rather, the same was stated to be fake appointment orders. Although the Director who issued such appointment letter admitted to have issued such appointment letters but the other State respondents contended that Director of the Agriculture is not the competent authority to issue such appointment letters in view of the Standing Order dated 31.10.2016, issued by the Secretary (Agriculture), Government of Arunachal Pradesh and there is no official record of issuing such appointment letter.;


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