IMPORTANT POINT
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 date was rejected.

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 existing vacancy under DRDA, Golaghat. The petitioner joined in the post of Assistant Project Officer (Agriculture) under the P&RD Department on 13.03.1999. In the year 2001, NOC was sought for permanent absorption of the petitioner by the P&RD Department from the Irrigation Department. The said NOC was accordingly granted by the Irrigation Department. However, in the year 2005 notwithstanding the NOC being granted, the petitioner was repatriated to his parent department. He approached the High Court by filing writ petition being W.P.(C) No. 1109/2005. By operation of an interim order granted by the Court, his repatriation was stayed. Subsequently, the writ petition was disposed of on 23.08.2010 giving the petitioner the liberty to file application for regular absorption in the borrowing Department namely the Department of P&RD. In terms of the leave granted to the writ petitioner, he filed an application in the borrowing department, namely the P&RD Department. Thereafter, a Cabinet Memorandum was issued with the views of the relevant Departments namely, Personnel, Finance and P&RD Department for permanent absorption of the writ petitioner in the P&RD Department. On 27.07.2016, the Cabinet approved the proposal for permanent absorption of the writ petitioner in the establishment under the P&RD Department. Thereafter, by Notification dated 12.09.2016 issued by the Additional Chief Secretary, Government of Assam, P&RD department, the petitioner was absorbed in the post of Deputy Director (Training) with effect from the date joining in the P&RD Department. The petitioner took charge of the Deputy Director (Training) on 01.10.2016. The petitioner thereafter filed representation before the Office of the Accountant General brining to its notice that he had been permanently absorbed in the P&RD Department w.e.f 13.03.1999. On receipt of the representation from the petitioner, the Office of the Accountant General raised certain queries seeking the exact date from which the petitioner has been permanently absorbed as Deputy Director (Training) in the P&RD Department. The P&RD Department responded by stating that the post was lying vacant since 01.03.1999 and as such the absorption of the petitioner as Deputy Director (Training) was w.e.f 13.03.1999 in the P&RD Department. In response to the actual date of absorption in the P&RD Department, several communications were exchanged amongst the Office of the Accountant General, the P&RD, the Finance and the Personnel Department. The representations were also filed by the writ petitioner claiming the fixation of the exact date of absorption w.e.f 13.09.1999. Finally the communication dated 28.08.2020, the Principal Secretary, Government of Assam, P&RD Department responded to the queries raised by the Accountant General