GAUHATI HIGH COURT ISSUES ORDERS ON DR. BISWAJIT SARMA V/S THE STATE OF ASSAM AND 3 ORS

GUWAHATI, India, June 17 -- Gauhati High Court issued the following order on May 16:

1. Heard Mr. I. Choudhury, learned Senior Counsel assisted by Mr. T. Das, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department and Mr. C. Baruah, learned Standing Counsel for the Accountant General, Assam.

2. The challenge made in these Writ Petitions is to the order dated 21.04.2017, issued by the Secretary to the Government of Assam, Higher Education (Technical) Department, whereby the lien granted to the petitioner, namely, Dr. Biswajit Sarma, Associate Professor in Geology Department, Jorhat Engineering College, Jorhat, for a period of one year vide order dated 25.06.2016, is terminated w.e.f. 27.06.2016, on completion of one year. The petitioner is also prayed for a direction to the respondent authorities to allow the petitioner to join in the post of Associate Professor (Geology) in Jorhat Engineering College, as per the joining report dated 25.04.2022.

3. As the issue involved in these two writ petitions are one and same, were heard analogously and disposed of by this common judgment and order.

4. Briefly put, the case of the petitioner is that the petitioner is a Master Degree and Ph.D. from the Indian Institute of Technology (IIT), Roorkee, with specialization in Remote Sensing and Geographical Information System (GIS). He has joined as Associate Professor in Civil Engineering (Geology) in Jorhat Engineering College, Jorhat in the year 1992 and his service was regularized in the year 1995.

5. While serving as an Associate Professor in Civil Engineering (Geology) in Jorhat Engineering College, Jorhat, pursuant to the Advertisement No.NTS1/2013, in the month of March, 2013 issued by the Registrar of Gauhati University for the post of Director, College Development Council, Gauhati University, the petitioner offered his candidature by submitting necessary documents. After due process of selection, the petitioner was selected for the post of Director, College Development Council, Gauhati University and appointed vide order dated 11.06.2015, by the Gauhati University and subsequently, approved by the Executive Council, Gauhati University. Accordingly, the petitioner joined in the post of Director, College Development Council, Gauhati University on 27.06.2015.

6. Upon appointment as Director, College Development Council, Gauhati University, the Government of Assam granted lien to the petitioner for a period of one year vide notification dated 25.06.2015. After completion of a period of one year, vide impugned order dated 21.04.2017, issued by the Secretary to the Government of Assam, Higher Education (Technical) Department, Assam, the lien of the petitioner has been terminated w.e.f. 27.06.2016, and consequently he has not been allowed to rejoin as Associate Professor (Geology) in Jorhat Engineering College, Jorhat, after the completion of five (5) years period in the post of Director, College Development Council, Gauhati University.

7. It is the contention of the petitioner that that Government of Assam granted the lien to the petitioner for a period of one year vide notification dated 25.06.2015, upon appointment as Director, College Development Council, Gauhati University, which conclusively establishes the fact that the petitioner had lien against the post of Associate Professor (Geology) in Jorhat Engineering College, Jorhat. The fact that the petitioner continued to hold the lien against the post of Associate Professor (Geology) in Jorhat Engineering College is fortified from the fact that the Government of Assam has decided to terminate the lien vide impugned order dated 21.04.2017. Therefore, it is evident that the authority concerned were fully aware that the petitioner held the lien to the post of Associate Professor in Civil Engineering (Geology) in Jorhat Engineering College, Jorhat and as a natural coronary could not have acquired the lien against the post of Director, College Development Council, Gauhati University, since it is a settled position of law that a Government servant cannot acquire and hold lien against two posts simultaneously.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfGUpRi%2FizxiSJBBluqulaLvh3q%2FFxwHmr15ertDxvZei&caseno=WP(C)/6604/2022&cCode=1&cino=GAHC010202792022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.