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2011 Supreme(Gau) 277

B.K.SHARMA
Dhiraj Chandra Roy – Appellant
Versus
Assam Minorities Development Board and Ors. – Respondent


Advocates Appeared:
Mr.B.Kalita and Mr.A.Khanikar for the petitioner., Mr.I.Ahmed and Ms.R.Chakraborty for the respondents.

1. Heard Mr. B. Kalita, learned senior counsel assisted by Mr. A. Khanikar, learned counsel for the petitioner as well as Mr. 1. Ahmed, learned counsel appearing for the respondent Nos.1 and 2. I have also heard Ms. R. Chakraborty, learned Addl. senior Government advocate, Assam appearing for the respondent No.4.

2. By means of this writ petition, the petitioner has prayed for a direction to the respondents to provide him with the pay scale of Upper Division Assistant (UDA) of Heads of Department establishment as prescribed under various ROP Rules framed by the Government of Assam. Another prayer made in the writ petition is that he should be allowed to continue in service till the age of superannuation, i.e., 60 years and all other retirement benefits like CPF, leave encashment and gratuity, etc.

3. The petitioner was an employee of the Government of Arunachal Pradesh in the Public Works Department. He had been serving under the State Government as LDA till 30.6.1987 when he took voluntary retirement.

4. In response to the Annexure B employment notice dated 16.7.1988 issued by the Director, Assam Minorities Development Board (Respondent No.1) for the post of UDA in the time scale of














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