Sadhana Saikia (Smti) vs State of Assam and Others

M. Sharma, J.—This Writ petition is preferred by the Petitioner for a direction from this Court to the Respondents to appoint the Petitioner in any available vacant post of L.D. Assistant under any establishment of Sonitpur District.

The Petitioner was appointed on 13.3.80 in the Settlement Office, Darrang, Tezpur in the post of Chairman on temporary basis till 31.5.87 in the pay scale of Rs. 190 to 250/-. From the contention made in the Writ petition it transpires that after such appointment in 1980, the Petitioner was terminated and again appointed in the Office of the Relief and Rehabilitation Department under the establishment of the Deputy Commissioner as LD Assistant being retrenched employee, on leave vacancy and the Petitioner was again appointed on 4.1.88 as L.D. Assistant in the Office of the District Commandant, Home Guard under Deputy Commissioner, Tezpur. As per Government Circular dated 30.6.79 (Annexure-V to the Writ petition), she was given appointment from time to time, i.e. on 21.6.89 as L.D. Assistant under the establishment of the Deputy Commissioner, Sonitpur, Tezpur and on 16.8.90 as L.D. Assistant in the Election Office. Her service was terminated on 31.10.90. Thereafter, the Petitioner submitted many representations to the Deputy Commissioner, Tezpur. The Commissioner, Northern Assam Division forwarded an application of the Petitioner to the Deputy Commissioner, Tezpur vide his letter No. CNA/PA.50/89-91/152 dated 27.8.91 (Annexure-X) for necessary action and the Under Secretary to the Govt. of Assam, General Administration (B) Department, Dispur vide his letter No. GAC(B) 7/91/19 dated 9.12.91 (Annexure-XI) called for a report regarding non-appointment of the Petitioner. The Commissioner Northern Assam Division again requested the Deputy Commissioner to take action on the letter of the Petitioner and the Under Secretary, Govt. of Assam, General Administration (B) Dept. wrote a letter to the Deputy Commissioner, Tezpur (Annexure-XIII) requesting him to send a detailed report urgently with original petition of the Petitioner. Again the Under Secretary, Govt. of Assam General Administration (B) Dept. by a letter dated 19.6.94 directed the Deputy Commissioner, Tezpur to appoint the Petitioner as a retrenched personnel of Settlement operation (Annexure-XV).

The Petitioner''s grievance is that the process for appointment has been going on. The Respondent, Deputy Commissioner, vide Order No. SP/64/941018 (Annexure XIX) appointed 12 persons as L.D. Assistant and that the Petitioner''s application was not even considered inspite of the direction from the Deputy Secretary as well as the Order passed by the Joint Secretary on 30.6.79. Thereafter, the Petitioner submitted several representations before the authority (Annexure-XV, XVII and XVIII respectively), but no action has been taken to appoint the Petitioner. Hence the present petition.

No affidavit-in-opposition has been filed by the Respondents to counter the averments made by the Petitioner.

The admitted position, as it is seen from the documents annexed with the Writ petition, is that the Petitioner is a retrenched employee and several representations have'' been filed to accommodate her as retrenched employee. Further, it is seen that by order dated 31.8.94 (Annexure-XIX) the Deputy Commissioner, Sonitpur appointed 12 persons as L.D. Assistant and the Petitioner''s case was not considered, who is a retrenched employee under the establishment of the Deputy Commissioner, Sonitpur.

In view of above facts and circumstances of the case, I direct the Respondent-Deputy Commissioner, Sonitpur, Tezpur, to consider the case of the Petitioner as she has a cogent case for her appointment along with other similarly situated 12 persons. Further, direct the Deputy Commissioner, Sonitpur, Tezpur to make available a post in favour of the Petitioner. If no vacancy is available at present preference shall be given to the Petitioner while filling up future vacant post of L.D. Assistant under his establishment.

With the above direction the Writ petition is disposed of.

The Petitioner shall furnish a certified copy of this order along with a copy of the Writ petition to the Respondent-Deputy Commissioner, Sonitpur, Tezpur to do the needful.