Decided on February 05,2018

Kalyan Kr. Chakraborty Appellant
STATE OF ASSAM Respondents


NELSON SAILO - (1.) Heard Mr.K.K. Mahanta, the learned senior counsel assisted by Mr. K. Sinha for the petitioners. Also heard Mr. M.R. Adhikari, the learned Government Advocate who appears for all the respondents.
(2.) The case of the petitioners in brief is that they were appointed as Field Investigators (F.I.s for short) between the year 1988 to 1994 under the Old Age Pension Scheme, 1983 introduced by the State Government in the Department of Welfare of Plains Tribes and Backward Classes and Social Welfare. The petitioners were confirmed against their respective posts. According to the petitioners, the posts of F.I.s were created in the establishment of District Social Welfare Officer (DSWO) with one Grade lower to the said post and they work under direct supervision of DSWOs. They were initially employed for effective implementation of the schemes like old age pension scheme etc. According to the petitioners, the nature of duties and functions of F.I.s and Statistical Assistant in the Social Welfare Department are more or less similar and in fact the post of F.I.s carries a higher responsibility. Although the petitioners have been rendering their services since their initial appointment in the year 1988-1992, no promotion have been given to them for want of service rules to govern their service conditions. The petitioners therefore, submitted their representations to the Secretary to the Government of Assam, Social Welfare Department on 02.02.2006 requesting their promotion to appropriate posts such as the District Social Welfare Officer/Child Development Project Officer/Superintendent of Homes/Programme Officer amongst others.
(3.) The petitioners also represented their cause before the State respondents even through their service association i.e., All Assam Social Welfare Field Investigators Association (Service Association) on several occasions and consequently, vide communication dated 25.09.2010, the Director of Social Welfare Department informed the Service Association that a draft service rules covering all categories of officers and employees under the Department was going to be prepared and therefore, asked them to submit their views, comments and suggestions on or before 05.06.2010.;

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