UTTAM KUMAR NATH Vs. STATE OF ASSAM AND ORS
HIGH COURT OF GAUHATI
Uttam Kumar Nath
STATE OF ASSAM AND ORS
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Hrishikesh Roy, J. -
(1.) Heard Mr. A. Adhikari, the learned Counsel appearing for the petitioner. The respondents are represented by Mr. D. Nath, the learned Addl. Sr. Govt. Advocate, Assam.
(2.) The petitioner was engaged temporarily as a Grade-IV employee in the office of the District Social Welfare Officer, Hailakandi and the challenge of the fixed pay employee is against the speaking order dated 3.2.2011 (Annexure-H) and also the consequential order dated 5.3.2011 (Annexure-I) whereby, his service was terminated by the Director of Social Welfare. Earlier the casual employee filed the WP(C) No.2518/2010 raising the grievance of unpaid salary from March 2008 to February 2010 and in that case, the learned Judge issued direction on 30.4.2010 (Annexure-F) to verify and to redress the grievance of the Grade-IV staff.
(3.) Following the Court's direction, the basis of the petitioner's appointment was scrutinized and it was found that he was unauthorizedly engaged by the District Social Welfare Officer, Hailakandi, in defiance of the ban imposed by the Government. The failure of the District Social Welfare Officer to discontinue the service in terms of the directives contained in the O.M. dated 16.12.2000 of the Finance Department and the consequential Circular dated 13.12.2002 of the Director of Social Welfare Department, was then noted. The District Social Welfare Officer, Hailakandi was made personally liable for the salary burden for the wrongful engagement and accordingly the Government issued direction to recover the salary amount, from the appointing officer. Direction was also issued in the same order on 3.2.2011 (Annexure-H) for immediate termination of service, in terms of the Finance Department's O.M. No.FC(III)24/92/297 dated 16.12.2000. Consequent thereto, the termination order was issued against the petitioner on 5.3.2011 (Annexure-I), by the Director of Social Welfare Department.;
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