ANIL KUMAR BARUAH Vs. THE STATE OF ASSAM AND OTHERS
LAWS(GAU)-2018-1-154
HIGH COURT OF GAUHATI
Decided on January 24,2018

ANIL KUMAR BARUAH Appellant
VERSUS
The State Of Assam And Others Respondents

JUDGEMENT

NALESON SAILO,J. - (1.) Heard Mr. N Baruah, the learned counsel for the petitioner and Mr. MR Adhikari, the learned Government Advocate for the State respondents.
(2.) By this writ petition, the petitioner has challenged the order dated 13.08.2010 whereby upon revision of his pay w.e.f. 01.01.2006, the arrear salary for the period from 01.01.2006 to 13.01.2008 i.e. the date prior to the date of his demotion to the post of Junior Administrative Assistant has been denied to him. The petitioner has also sought for a direction to the respondent authority concerned to regularize the period of his suspension w.e.f. 15.09.2008 to 10.01.2010 and payment of regular pay and allowances with all pensionary benefits as he has retired from service on 30.06.2010. The petitioner has also sought for a direction to the respondent authorities to regularize his pension since he has only been given a provisional pension since his retirement.
(3.) The case has a chequered history and therefore, a brief narration of the basic facts would be gainful. The petitioner was appointed to the post of Lower Division Assistant in the Assam Secretariat on 28.12.1977. Thereafter, he was promoted to the post of Upper Division Assistant on 06.06.1995.His promotion to the said post was confirmed vide order dated 22.01.1999. While the petitioner was serving as Upper Division Assistant, a show cause notice was issued to him on 22.07.2003 with certain allegation and charges. The petitioner submitted his show cause reply on 12.09.2003 denying the charges and thereafter a departmental proceeding was initiated against him on 27.10.2003. Upon conclusion of the departmental proceeding, a penalty of reduction to a lower rank i.e. the rank of Lower Division Assistant was awarded to the petitioner vide order dated 02.08.2007.;


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