DILIP KUMAR DHAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Choudhury, learned counsel for the petitioner. Also heard Ms. D.S. Neog, learned standing counsel for the Cooperation Department.

(2.) By this writ petition under Art. 226 of the Constitution of India, the petitioner is seeking a direction to the respondent No.3 i.e. the Deputy Registrar of Cooperative Societies, Nagaon to allow him to serve as peon in his establishment and to pay the arrear as well as current salary to the petitioner.

(3.) The learned counsel for the petitioner, by referring to the pleadings and documents annexed to the writ petition and affidavit-in-reply has submitted that the father of the petitioner, namely, Devendra Chandra Dhar was serving as peon in the office of the respondent No.3 and he died in harness on 11.09.2003, leaving behind a large family consisting of seven members including the petitioner. It is submitted that the petitioner had made a prayer on 22.09.2003 for appointing him as Grade-IV employee in the vacant post of his father. Thereafter, the respondent No.3 had appointed the petitioner on 07.12.2004 and accordingly, the petitioner had joined his service in the said post on the same date. The learned counsel for the petitioner has submitted that the appointment letter of the petitioner was retained by the respondent No. 3. However, the respondent No.3 had recorded the date of joining of the petitioner in the post of peon in his establishment w.e.f. 07.12.2004 was in the application submitted for admission of the petitioner to General Provident Fund. Accordingly, the office of the Accountant General, Assam had allotted GPF Account No. COP/5993 to the petitioner. It is submitted that thereafter by order under Memo No. CDNE.2/83/Pt.-II/98 dated 19.01.2005, the respondent No. 3 had released the petitioner, working as peon in his office, in the afternoon of the same day to allow him to join his new place of posting. The learned counsel for the petitioner further submits that it is mentioned in aforesaid order dated 19.01.2005, that the petitioner was released in pursuance to the order No. CDNE.2/83/Pt.-I/121 dated 17.01.2005, which was an order transferring the petitioner to the office of the Asstt. Registrar of Cooperative Societies, Morigaon as Peon. Accordingly, the petitioner had joined as Peon and the Asstt. Registrar of Cooperative Societies, Morigaon had submitted his joining report dated 11.02.2005 to the respondent No.3. The learned counsel for the petitioner has relied on the letter under Memo No. GPF/EDP-Cell/Allot/ 4072 dated 19.01.2005 issued by the office of the Accountant General, (A&E) Assam regarding allotment of the GPF account of the petitioner working under the control of the Asst. Registrar of Cooperative Societies, Morigaon.