High Court
Case Details
WP(C) 1064/2010 BEFORE HON’BLE MRS JUSTICE ANIMA HAZARIKA JUDGMENT & ORDER (ORAL)
Legal Reasoning
Heard Mr. AK Purkayastha, learned counsel appearing for the petitioner. Also heard Ms. VL Singh, learned Standing Counsel, Revenue appearing for respond ent Nos.1, 5 and 6, Mr. S Sharma, learned Standing Counsel, Director of Land Rec ords (’DLR’ for short) appearing for respondent No.2 and Mr. J Handique, learned State counsel appearing for respondent Nos.3 and 4. 2.
Decision
Instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner praying for a direction to the official respondent s to implement the order of absorption (Annexure-17 to the writ petition) and al low her to continue as Mandal (Recorder) against the existing vacancies on regul ar basis under the establishment of Deputy Commissioner, Dhubri. 3. The petitioner’s case in brief is that she is a graduate in arts and she belongs to Other Backward Class (’OBC’ for short). Pursuant to the advertisemen t issued for filling up the post of Additional Mandal in the district of Dhubri, she being qualified applied for the same and got selected. She was appointed vi de appointment letter dated 04.12.1995 issued by the Settlement Officer, Dhubri and Kokrajhar as Additional Mandal, alongwith other 36 candidates in the amalgam ated establishment of Settlement Officer, Dhubri and Kokrajhar. All the selected candidates were directed to join in their respective posts on 11.12.1995. Accor dingly, petitioner joined her service on 11.12.1995 as Additional Mandal in the scale of pay of Rs.1065-2095 per month at Golakganj Circle of Dhubri district. S he was subsequently transferred to Dhubri circle on 06.02.1996 and since then sh e has been working continuously as Additional Mandal till date without any break to the satisfaction of the authority concerned. In the meanwhile, petitioner ha s also undergone training from Assam Survey Training Centre, Guwahati and obtain ed pass certificate from the authority. 4. has performed three principal duties viz. During re-settlement operation, the petitioner as Additional Lot Mandal i) ii) iii) Maintenance of land records, Collection of agricultural statistics, and Assistance in revenue collection. She has successfully carried out the aforesaid duties and the petitioner has been allowed to cross efficiency bar vide Settlement Officer’s Order No.DKS E.3/2007/45A dated 03.12.2008 and accordingly, her salary has been increased. Petitioners further case is that while she was serving as such, she was 5. selected to be absorbed in the promotional post of Mandal vide order dated 25th February, 2009 issued by respondent No.2 wherein petitioners name appeared at Se rial No.7 of the selected candidates. As per the said order, petitioner was to j oin at the establishment of Deputy Commissioner, Kokrajhar. Accordingly, in comp liance to the aforesaid order dated 25.02.2009, petitioner alongwith other selec ted candidates were released from the Dhubri, Circle on 27.02.2009, so as to ena ble them to join in the promotional post on 28.02.2009 as directed. The petition er, thereafter, immediately went to Kokrajhar, the new place of posting, to join in the post of Mandal and submitted her joining report, but surprisingly, witho ut any rhyme and reason, she was not allowed to join in the Office at Kokrajhar. The petitioner, though communicated her grievance to the appropriate authority, nothing has been done. But suddenly respondent No.2 had issued another order on 05.06.2009, modifying the earlier order of absorption as Mandal. By the subsequ ent order the Additional Mandal/Patwaris, working under the Deputy Commissioner, Dhubri, who could not join in their place of posting were re-deployed to Patwar is. By the said order, Deputy Commissioner, Dhubri was instructed to ensure that all the Mandals/Patwaris shall be absorbed in order of seniority in the vacant posts of Mandal/Patwaris, when occurred time to time in future, subject to appro val of the Finance Department and after observing reservation policy of the Gove rnment. In view of the order dated 05.06.2009, petitioner had to continue to ser 6. ve in her earlier post of Additional Mandal. While serving as such, she came to know from reliable source that a post of Mandal is going to be vacant in the Off ice of the Deputy Commissioner, Dhubri very soon, therefore, she submitted a rep resentation before the DLR (respondent No.2), Deputy Commissioner, Dhubri (respo ndent No.3), Settlement Officer, Dhubri (respondent No.5) and Assistant Settleme nt Officer, Dhubri Circle (respondent No.6) to appoint her in the post of Mandal . The representation so submitted by her was communicated to the DLR through pro per channel and the DLR subsequently sent a communication dated 26.08.2009 to th e Deputy Commissioner, Dhubri requesting him to consider the prayer of the petit ioner to absorb her against the sanctioned vacant post of Mandal as and when occ urred under his establishment (i.e., Office of Deputy Commissioner, Dhubri), she being a woman Additional Mandal working under the Settlement Officer of Dhubri and Kokrajhar establishment. 7. In the meanwhile, several posts of Mandal fell vacant in the Office of t he Deputy Commissioner, Dhubri, but her prayer for absorbing as Mandal and/or re quest made vide aforesaid communication dated 26.08.2009 did not evoke any respo nse from the authority. Hence the instant writ petition with the aforesaid praye r. Mr. Purkayastha learned counsel appearing for the petitioner has submit 8. ted that during the pendency of this writ petition, similarly situated persons l ike the petitioner, who are the Additional Mandals engaged in settlement operati on in the district of Dhubri have filed a writ petition being WP(C) No.982/2011 claiming consideration of their cases for absorption as regular Mandals in the e stablishment of Deputy Commissioner, Dhubri pursuant to the communication dated 01.06.2009 issued by the Deputy Secretary to the Govt. Assam, Revenue and Disast er Management Department to the Director of Land Records and Surveys, Assam wher eby and whereunder the decision of the Government of Assam to absorb the Additio nal Mandals, in order of seniority, against the clear vacancies in the posts of Mandal in the establishment of the Deputy Commissioner of the respective distric ts has been intimated to the Director. This Court while disposing the writ petit ion on 06.09.2012 after hearing the learned counsel for the respective parties h eld as thus;- (cid:28)The petitioners, therefore, deserve to be considered for regular absorption as Mandals against the existing vacancy, if any in Dhubri District. Hence, the Stat e respondents are directed to consider the case of the petitioners for absorptio n as Mandals in the establishment of the Deputy Commissioner, Dhubri maintaining seniority and alongwith other Additional Mandals, if any, in that district, wit hin a period of three months from today. In the meantime, 9 posts of Mandals in the establishment of Deputy Commissioner, Dhubri, if available, shall not be fil led up. It is needless to say that in the event adequate number of posts of Mand al is not available, consideration for absorption of additional Mandals shall be made on seniority basis. It is also needless to say that interim order passed e arlier has merged with the final order passed. (cid:29) 9. Mr. Purkayastha, has brought to the notice of the Court the gradation li st of land recorders staffs under the amalgamated establishment of Deputy Commis sioner, Dhubri and submits that as per the said gradation list from 2011 to till date, 9 (nine) posts are lying vacant and 2 (two) posts are going to be vacant in the month of February and May 2014. Learned counsel for the petitioner, there fore, submits that the petitioner being the only lady Additional Mandal she is entitled to be absorbed in the post of Recorder/Mandal. Further, petitioner’s ca se also required to be considered as per the provision of Section 4 of the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005 (’Act 2005’ fo r short). 10. Moreover, this Court vide order dated 03.12.2012 passed in MC NO.3206/20 12 in the instant writ petition, directed the authority to keep one post of Mand al vacant in the establishment of Deputy Commissioner, Dhubri until further orde r. Learned counsel for the petitioner has submitted that five clear vacancies in the post of Mandal/Recorder are available in the establishment of Deputy Commis sioner, Dhubri and the said vacant posts are now required to be filled up by the authorities in terms of the order dated 06.09.2012 passed by this Court in WP(C ) No.982/2011. 11. I have heard the learned counsel appearing for the parties. Also perused the materials on record. It is an admitted fact that the posts of Recorder/Mand al are lying vacant in the establishment of Deputy Commissioner, Dhubri and the petitioner while serving as Additional Mandal at Kokrajhar, she was transferred for regular absorption to the post of Mandal in the establishment of Deputy Comm issioner, Kokrajhar. However, she was again redeployed as Additional Mandal in t he establishment of Deputy Commissioner, Dhubri. This Court vide order dated 03. 12.2012 while disposing the MC No.3206/2012 has already directed to keep one pos t of Mandal vacant in the establishment of Deputy Commissioner, Dhubri. Moreover , petitioner seeks absorption/promotion to the post of Mandal on the basis of re servation for women as an OBC candidate. The petitioner’s prayer for absorption also required to be considered as per the provision made under the Act, 2005, mo re so, she is also a lone woman Additional Mandal. Hence, considering the matter in its entirety, the writ petition is disposed of with a direction to the autho rities, more particularly, respondent No.3, i.e. the Deputy Commissioner, Dhubri District to absorb the petitioner in the post of Mandal/Recorder in his establi shment. As this Court has already directed vide order dated 03.12.2012 passed in MC No.3206/2012 to keep one post of Mandal vacant and no application on behalf of the respondents has been filed for vacating the aforesaid order till date, th ere will be no bar for the authority to accommodate the petitioner in the post o f Mandal lying vacant. 12. 13. The writ petition is accordingly allowed and disposed of. However, there shall be no order as to costs.