Deepak Thapa vs State of Assam and Others

A.K. Patnaik, J.—Heard Mr. SC. Biswas, learned Counsel for the Petitioner and Mr. Chutia learned GA.

The case of the Petitioner in this writ petition is that he was initially engaged as a Grade HI in the office of the Child Dev. Officer, Gabharu ICDS Project in the district of Sonitpur at a fixed pay of Rs. 900/- pm for a period of 2 months by order dated 20.3.95 of the Director, Social Welfare & Probation, Assam. Pursuant to the said order he joined and started working. His aforesaid engagement was extended from time to time and last he was engaged upto 31.9.98 by order dated 10th May, 2000 passed by the Director, Social Welfare, Assam. Although no extension has been granted after 31.9.98 the Petitioner has continued to work as such, but he has not been paid his salary from 1.10.98. The Petitioner has therefore filed this writ petition for direction to consider for extension of his service and to pay his salary.

It appears from Annexure-II to the writ petition dated 1st July, 2000 that the Child Dev. Project Officer, Gabharu ICDS Project, Tezpur, Sonitpur has requested the Director, Social Welfare, Assam to consider the prayer for extension of service of the Petitioner. In the said letter dated 1st July, 2000 the Child Dev. Project Officer has stated that his performance as LDA-cum-Typist is found to be satisfactory. But the Director of Social Welfare, Assam has not yet passed any order on the prayer for extension.

By judgment and order dated 25.8.99 passed in the case of Rak Kr. Chetri in CR No. 6428/98, this Court directed is a similar case that the Director of Social Welfare & Probation Officer will consider the aforesaid request of the Chief Dev. Project Officer, Tezpur for extending the service of the Petitioner and for payment of his allowances.

I dispose of this writ petition with a similar direction that a certified copy of this order and a copy of the writ petition including Annexure-II to the writ petition will be filed by the Petitioner before the Director, Social Welfare & Probation Officer, Assam who will consider the request of the Child Dev. Project Officer, Gabharu ICDS Project, Tezpur, Sonitpur to grant extension to the Petitioner or and to pay his allowances with effect from 1.10.98 onwards and pass orders and communicate the order to the Petitioner within 2 months from the date of receipt of the said copies from the Petitioner.