Gautam Basfore v. The State of Assam and 11 Ors

O R D E R

15.12.2023 The present petition is filed assailing the order dated 26.08.2021, whereby the petitioner was released from service on the ground that the Finance Department, Government of Assam has rejected the prayer for re-designation of the post of Sweeper to any other Grade-IV post. The persons similarly situated to that of the present petitioner have approached this court by way of filing WP(C) 7358/2021 (Ramani Das vs the Page No.# 4/5 State of Assam and 5 Ors.) and WP(C) 308/2022 (Suresh Rajbhar vs the state of Assam and 3 Ors.). This court after elaborate discussion on facts and on settled propositions of law, while setting aside the release orders impugned in those writ petitions, directed the Administrative (Judicial Department) and the Finance Department to take immediate steps for release of the salary due to the petitioners therein for the period they had rendered services with further directions to reinstate those petitioners in service forthwith and to release the salary due to them within a period of outer limit of 45 days from the date of passing of the order. When this matter was listed before this court on 01.12.2023, the petitioner's counsel sought for a week time to examine whether the judgment rendered by this court in Ramani Das (supra) and Suresh Rajbhar (supra) is applicable in this case. Accordingly, the matter was adjourned. Today, when the matter is called, the learned counsel for the petitioner as well as the respondents submit that the present case shall also be covered by the determination made in aforesaid two judgments i.e. Ramani Das (supra) and Suresh Rajbhar (supra). In that view of the mater, the present writ petition stands disposed of in terms of the determination made in Ramani Das (supra) and Suresh Rajbhar (supra) and accordingly it is directed that the order dated 26.08.2021 of temporary release of the petitioner from the service is set aside. Consequently, the petitioner is directed to be reinstated forthwith. The due salaries are to be released immediately within an outer limit of 45 days from today. The respondent Administrative (Judicial Department) and the Finance Department to take immediate steps for the release of the salary due to the petitioner for the period he had rendered in service. Page No.# 5/5 With the aforesaid, the present writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010140502021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5096/2021o GAUTAMoBASFOREo S/OoCHARITAoBASFOREoR/OVILL.oBAHBARI,oP.O.oKUMRIKATA,oP.S.o TAMULPUR,oPINo781367,oDIST.oBAKSA,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo11oORSo REPRESENTEDoBYoTHEoCHIEFoSECY.oGOVT.oOFoASSAM,oBLOCK-C,o3RDo FLOOR,oJANATAoBHAWAN,oDISPUR,oGUWAHATIo781006,oKAMRUPo(M),o ASSAM. 2:THEoPRINCIPALoSECY.oGOVT.oOFoASSAM oFINANCEoDEPTT.o3RDoFLOOR oCHIEFoMINISTERSoBLOCK oJANATAoBHAWAN oDISPUR oGUWAHATIo781006 oASSAM. 3:THEoREGISTERoGENERAL oGAUHATIoHIGHoCOURT oGUWAHATIo781001 oASSAM. 4:THEoREGISTERo(VIGILANCE) oGAUHATIoHIGHoCOURT oGUWAHATIo781001 oASSAM. 5:THEoDEPUTYoREGISTRAR PageoNo.#o2/5 oACCOUNTSoSECTION oREGISTERoGENERALo oGAUHATIoHIGHoCOURT oGUWAHATIo781001 oASSAM. 6:THEoLEGALoREMEMBRANCERoCUMoCOMMISSIONERoANDoSECY.oGOVT.o OFoASSAM oJUDICIALoDEPTT. oDISPUR oGUWAHATIo781006 oASSAM. 7:THEoLEGALoREMEMBRANCERoANDoSECY.oGOVT.oOFoASSAM oJUDICIALoDEPTT. oEoBLOCK o2NDoFLOOR oASSAMoSECRETARIAT oDISPUR oGUWAHATIo781006 oASSAM. 8:THEoDEPUTYoLEGALoREMEMBRANCERoANDoDEPUTYoSECY.oGOVT.oOFo ASSAM oJUDICIALoDEPTT. oEoBLOCK o2NDoFLOOR oASSAMoSECRETARIAT oDISPUR oGUWAHATIo781006 oASSAM. 9:THEoJOINToSECY. oGOVT.oOFoASSAM oJUDICIALoDEPTT.oEoBLOCK o2NDoFLOOR oASSAMoSECRETARIAT oDISPUR oGUWAHATIo781006 oASSAM. 10:THEoDEPUTYoSECY.oGOVT.oOFoASSAM Page No.# 3/5 JUDICIAL DEPTT. E BLOCK 2ND FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI 781006 ASSAM. 11:THE DIST. AND SESSIONS JUDGE ESTABLISHMENT BAKSA BATHOUPURI MUSHALPUR BAKSA ASSAM PIN 781372 12:THE ACCOUNTANT GENERAL ( A AND E) BELTOLA GUWAHATI PIN 781029 KAMRUP (M) DIST. ASSAM Advocate for the Petitioner : MR F KHAN Advocate for the Respondent : GA, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY