Debiram Hazarika v. The Assam Agriculture University and 6 Ors

ORDER

13.10.2023 Heard Mr. H.K. Baishya, learned counsel for the petitioners. Also heard Mr. P. Kataky, learned Standing Counsel, Assam Agricultural University. Page No.# 3/5 This writ petition has been filed by the petitioner who was appointed as Grade-IV under the Assam Agriculture University. The petitioner put to challenge the promotional orders issued to private respondents No. 5 to 7 for promotion to the post of Grade-III overlooking the claim of the petitioner. Further prayer was to grant all benefits including the benefits of MACP. The grievance of the petitioner is that although he satisfied all the criteria, his case was overlooked by the Department and the respondents No. 4 to 7 were considered by overlooking his claim. While the writ petition was pending, the University filed their affidavit on 27.09.2023. In Paragraph-11 and 13, the following averments are made: "11. That with regard to the statement made in paragraph 12, the respondents begs to state that according to the Service Book, the petitioner was granted first scale promotion on 31.01.2004 and second scale promotion on 01.01.2012. As per Scale promotion Scheme of AAU, only two promotions were granted and same was replaced by newly Modified Assured Career Progression Scheme (MACPS) with effect from 01.01.2017. The petitioner, Debiram Hazarika retired from service on

31.07.2020. Though, applications were invited on 20.09.2021 vide Memo No. AAU/RG/1.5.106(MACPS)/2021/10,140 but no applications was received during the said period and therefore, the case of the petitioner was not considered for the benefit under MACPS.

¶12That with regard to the statement made in paragraph 13 the answering respondent begs to state that the respondent no 4 — 7 were never promoted to the post of Field Assistant Grade III. They are recruited as Field Assistant Grade III against the advertisement dated 2/2014 through written test and interview. The respondent No. 4 had appeared in the Written Test held on 1.02.2015 sitting in the Room 2 of Surgery Building, College of Veterinary Science, Assam Agricultural University, Khanapara, Ghty-22 as per Calling letter No. 7(80)2014/DRA(E)/16511-18461/ dated 10.01.2015. Like all the candidates in the room the respondent no. 4 Page No.# 4/5 duly signed on the Attendance sheet against his name, Roll No 326 and put his Roll No. 326 and signed on then Answer Script in presence of the Invigilator.

¶13That the aforesaid Writ petition filed by the petitioner for cancellation of the post of the private respondents no. 4-7 and further consideration of his case for the post / case for any Grade III post as a "Field Assistant as per the existing Rules. However, it appears that in pursuance to the advertisement dated 2/ 2014, the petitioner appeared for the post of Field Assistant Grade III under Directorate of Research (Agriculture). The petitioner did not succeed in the selection procedure and therefore, his name was not recommended by the Selection Committee for the post of Field Assistant-III. However, the private respondents 4-7 appeared in the written test and Oral interview of the selection process and they were selected and appointed. Whereas, the petitioner is working as a Laboratory Assistant in an isolated post having no scope of promotion. Accordingly, he has been allowed to avail the Financial benefits of 2 (two) scale of promotion under ACP/MACP vide order No's (1) AAU/RG-1.9(%)/2009-2010/8031-051 dated 1.08.2009 and AAU/RG-

1.9(5)/2013-2014/1354-584 dated 26.12.2014 respectively." The learned counsel for the petitioner submits that it is admitted by the respondents that the MACP Scheme was implemented with effect from

01.01.2017 although the applications were invited on 20.09.2021 vide the memo No. AAU/RG/1.5.106(MACPS)/2021/10,140. However, the petitioner came to be superannuated on 31.07.2020. The learned counsel for the petitioner submits that although in his writ petition, his prayer was for setting aside and interfering with the promotions granted to respondents No. 4, 5, 6 & 7, considering the fact that he has in the meanwhile superannuated on 31.07.2020 and also taking note of the averments made in Paragraph No. 11 of the said affidavit that the MACP Scheme was implemented w.e.f 01.01.2017, the petitioner be permitted to approach the authorities and apply make necessary applications for getting the benefits under Page No.# 5/5 the MACP Scheme which ought to have been implemented while the petitioner was in service. Mr. Kataky, learned counsel for the university does not object to the prayer made. Accordingly, the writ petition stands closed permitting the petitioner to approach the authority namely the Registrar, Agriculture University and make necessary applications for consideration and release of the benefits under the MACP Scheme which was stated to have been implemented w.e.f. 01.01.2017 which is well prior to the date of superannuation of the petitioner. As referred above, the petitioner superannuated on 31.07.2020, if the petitioner files any application as permitted by this Court, the authority will consider the prayer made by the petitioner for release of the benefits under the MACP Scheme which was implemented on 01.01.2017. The competent authority will, thereafter, pass appropriate speaking order and release whatever benefits are due to the petitioner within a period of 30 days from the date of receipt of the application along with the certified copy of this order. In view of the above direction, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010198622019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6155/2019o DEBIRAMoHAZARIKAo S/OoLT.oTULSIoHAZARIKA,oR/OoKHUTIAPOTAoGAON,oP.O.NAHATIA,oDIST.o JORHAT-785108,oASSAM VERSUSo THEoASSAMoAGRICULTUREoUNIVERSITYoANDo6oORS.o TOoBEoREP.oBYoTHEoVICEoCHANCELLOR,oDIST.oJORHAT,oASSAM-785013 2:THEoREGISTRAR oASSAMoAGRICULTUREoUNIVERSITY oJORHAT oDIST.oJORHAT-785013 oASSAM 3:THEoDIRECTORoORoRESEARCHo(AGRI) oASSAMoAGRICULTUREoUNIVERSITY oJORHAT oDIST.oJORHAT-785013 oASSAM 4:DANDIoDHARoKALITA oS/OoHARENoKALITA oPERMANENToR/OoHARIUNDUB oP.O.oJAMTOLA oRANGIYA oPIN-781365 oDIST.oKAMRUPo(RURAL) oASSAMoANDoNOWoPOSTEDoAToTHEoASSAMoAGRICULTUREoUNIVERSITY oANDoNOTICEoTHROUTHoTHEoREGISTRAR oAAU JORHAT-785013 Page No.# 2/5 ASSAM 5:BIKASH KUMAR DUTTA S/O DHIRENDRA NATH DUTTA MALOWALI MILANJYOTI PATH JORHAT-785008 AND NOW POSTED AS FA-III DIRECTORATE OF RESEARCH (AGRI) AAU JORHAT-785013 6:ANANTA SAIKIA S/O SARURAM SAIKIA VILL. MILANNAGAR P.O. TITABAR PIN-785630 DIST JORHAT ASSAM AND NOW POSTED FA-III RARS TITABAR DIST. JORHAT-785630 7:RANJIT HAZARIKA S/O LT. KANAKESWAR HAZARIKA ASSAM AGRICULTURE UNIVERSITY CAMPUS JORHAT-785013 AND NOW POSTED AS FA-III O/O THE SENIOR ESTATE OFFICER AAU JORHAT-78501 Advocate for the Petitioner : MR H K BAISHYA Advocate for the Respondent : SC, AAU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA