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SOUMITRA SAIKIA
Sofiul Alom, Son of Late Abu Bakkar Siddique – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
The petitioner is before this Court seeking a direction from the Court for giving effect to his permanent absorption in the post of Deputy Director (Training) with effect from 13.03.1999 namely the date he was absorbed under the Panchayat & Rural Development Department (hereinafter referred to as “P&RD Department”) along with his consequential seniority and other service benefits. The petitioner is also aggrieved by the communication dated 28.08.2020 whereby the P&RD held that the absorption of the petitioner under the P&RD Department is with effect from the date he was permanently absorbed against the sanctioned post w.e.f. 01.10.2016.
2. The petitioner was appointed as Agriculture Extension Officer in the Irrigation Department, Government of Assam in the year 1994 under Section 3(f) of the APSC (Limitation of Function) Regulation 1951. He was subsequently regularized with effect from 26.02.1996 in the post Agriculture Extension Officer in the Irrigation Department. On 04.02.1999, the petitioner was sent on deputation to the P&RD Department to an equivalent post of Assistant Project Officer (Agriculture) for a period of one year. He was posted on deputation against an exi
The main legal point established in the judgment is that the effective date of permanent absorption is determined by the Cabinet approval, and the petitioner's claim for seniority from an earlier dat....
Deputationists entitled to absorption parity after long service, NOC, when similars absorbed, violating Arts.14/16 if denied.
A deputationist has no vested right to permanent absorption unless expressly provided by statutory rules or regulations in force.
Past service counts towards pension eligibility for full-time employees despite previous contractual status, aligning with government policy.
Legitimate expectation for absorption in CBI based on NOC from the parent department and commendable service in CBI justified the court's decision to set aside the Tribunal's order and direct the pet....
The authority of the Executive in making decisions regarding recruitment and mode of appointment, and the absence of a vested right for the Petitioner to insist on the completion of the permanent abs....
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