Decided on April 20,2018

Md Faruk Ali Appellant
Union Of India And 2 Ors Respondents


Nelson Sailo, J. - (1.) Heard Dr. B. Ahmed, the learned counsel for the petitioner and Mr. B. Gogoi, the learned Standing Counsel for the respondent Nos. 2 and 3 (Soil Conservation Department). None appears for the respondent No. 1 who in fact is only a profoma respondent since no relief is claimed from the said respondents.
(2.) The case of the petitioner is that the Government of India gave its approval for implementation of a Central Scheme for strengthening State Land Use Board (SLUB) during the 7th Five Year Plan period at a total cost of Rs. 328 lakhs. As per the Scheme, the Central Government is to meet 100% of the cost of the Scheme with 50% as grants and 50% as loans during the 7th plan period both for States and Union Territories. Such approval was conveyed by the respondent No. 1 to all State Chief Secretaries including the State of Assam. As per the Scheme, creation of Nucleus Cell for the SLUB's compromising of staff strength of 7 (seven) persons in case of a State was contemplated. Consequently, a Nucleus Cell under the Soil Conservation Department of the State was created by the State Government which included one post of LDA amongst the 7th posts created. The creation of the Nucleus Cell was conveyed to the Accountant General, Assam at Shillong by the Deputy Secretary to the Government of Assam, Soil Conservation Department vide communication dated 26.02.1993. By notification dated 05.05.1993, the State Government in the Soil Conservation Department declared the Soil Conservation Department as the Nodal Department for SLUB with immediate effect. Further, vide communication dated 15.05.1993 issued by the Under Secretary to the Government of Assam, Soil Conservation Department to the Accountant General Assam at Shillong, the Director of Nucleus Cell for SLUB was declared as the Drawing and Disbursing Officer (DDO) for the funds under the SLUB Scheme.
(3.) That the petitioner was appointed as Lower Division Assistant cum Typist under the SLUB w.e.f 01.03.1996 vide Office Order dated 03.03.1996 against the post that was created vide the communication dated 26.02.1993. On being appointed as such, the petitioner joined the post and was allowed to subscribed the State Government Employees Group Insurance Scheme (GIS) as well as the General Provident Fund (GPF) as was done in respect of the State Government Employees.;

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