GAUHATI HIGH COURT ISSUES ORDER ON PURNIMA NANDI V/S THE STATE OF ASSAM AND 6 ORS.

GUWAHATI, India, March 1 -- Gauhati High Court issued the following order on Jan. 29:

1. Heard Mr. R. Sarma, the learned counsel appearing on behalf of the petitioner. Mr. D. Borah, the learned counsel appears on behalf of the District Administration; Mr. S. Dutta, the learned counsel appears on behalf of the P&RD Department and Mr. B. Chakraborty, the learned counsel appears on behalf of the Accountant General (A&E).

2. The present writ petition has been filed by the wife of Late Shyamal Nandi being aggrieved by the inaction on the part of the Respondent Authorities to release all the pecuniary benefits of the post of Head Assistant from the date of merger of the DRDA to the Zilla Parishad including arrears and grant all service benefits to the petitioner and also for directing the respondents to grant compassionate family pension to the petitioner from the date of death of her husband till the date of his superannuation.

3. The materials on records show that the husband of the petitioner was initially appointed as an LD Assistant in DRDA, Hailakandi and thereafter he was promoted to the post of UD Assistant. While the petitioner's husband was serving as the UD Assistant, one Shanti Ranjan Paul, the then Head Assistant DRDA Hailakandi resigned from his post for which the post of Head Assistant in DRDA, Hailakandi fell vacant. Resultantly, the Project Director, DRDA with the approval of the Deputy Commissioner, Hailakandi vide the order dated 21.02.2017 promoted the petitioner's husband to the post of Head Assistant as per seniority amongst the officials working there, and accordingly, the husband of the petitioner on 22.02.2017 joined as the Head Assistant in DRDA, Hailakandi.

4. It is very pertinent at this stage to take note of that prior to the promotion of the petitioner's husband, the Government of Assam, P&RD Department vide notification dated 12.09.2016 decided to wind up the DRDA and merge the same with the Zilla Parishad w.e.f. 01.10.2016 absorbing all DRDA born employees in the Zilla Parishad, Anchalik Panchayat etc. The effect of the said merger was given on the basis of a notification dated 29.07.2017. The petitioner's husband, though in the meantime, was promoted on 21.02.2017 as the Head Assistant, but at the time of absorption, he was brought within the services of the Zilla Parishad as a Senior Assistant (UD Assistant) on the ground that the petitioner's husband was promoted to the post of Head Assistant while the merger process was already initiated though the same was stalled for the time being. The husband of the petitioner thereupon challenged reduction in rank from the post of Head Assistant to the Upper Division Assistant by filing a writ petition which was registered and numbered as WP(C) No.5725/2017. The said writ petition was disposed of vide the order dated 15.11.2018.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpOcHke%2Fw2342dJ66DGfw8J%2B4i9UqYJl6NoRAITNl9Mxr&caseno=WP(C)/312/2024&cCode=1&cino=GAHC010266472023&state_code=6&appFlag=)

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