IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH) Writ Petition (C) No.8368 of 2003 1. Smti. Lilawati Neog Wife of Sri Roma Neog, 2. Sri Rabindra Nath Bhattacharyya, Son of Sri J.N. Bhattacharyya, 3. Sri Baikuntha Talukdar, Son of Sri G.C. Talukdar, 4. Sri Mahesh Ch. Bhattacharyya, Son of Sri G.C. Bhattacharyya, - VERSUS - Petitioners 1. The State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Administrative Reforms & Training Department, Dispur, 2. The Director General, Khanapara, 3. The Director of Training, Khanapara, 4. The Superintendent, Khanapara, Respondents Advocates for the petitioners Advocates for the respondents : Mr. S.N. Sarma, Senior Advocate, Mr. A.N. Chowdhury, Mr. A.J. Das, Advocates. : Mr. B.J. Ghosh, Government Advocate, Assam. WP(C) No.8368/2003 Page 1 of 6
- BEFORE - THE HON BLE MR. JUSTICE B.P. KATAKEY Date of Hearing and Judgment and Order :- 1 st December, 2011. JUDGMENT & ORDER (ORAL) The petitioners, who are the Grade-III employees of Assam Administration Staff College, by the present petition has challenged the order dated 29 th May, 2002 passed by the Director of Training, Assam Administrative Staff College asking them to vacate the rooms which were earlier allotted to them and also the order dated 30 th July, 2002 passed by the same authority rejecting the appeal filed by the petitioners. The petitioners have also challenged the order dated 16 th September, 2003 issued by the said authority asking them to vacate their respective allotted rooms of the old Administrative Building by 30 th September, 2003. [2] I have heard Mr. SN Sarma, learned senior counsel for the petitioners and Mr. BJ Ghosh, learned State counsel appearing for the respondents. [3] Mr. Sarma, learned senior counsel for the petitioners submits that though this writ petition was filed by the 4(four) Grade-III employees of the 1(one) petitioner, namely Sri Mahesh Ch. Bhattacharyya, has already vacated WP(C) No.8368/2003 Page 2 of 6
his allotted room, as he has shifted to his own house, in the meantime, and as such, the present writ petition is concerning the remaining 3(three) writ petitioners. Mr. Sarma submits that the petitioners were allotted with the rooms under their possession by the orders dated 7 th November, 2000; 10 th July, 2001 and 11 th July, 2001 issued by the Director of Training, Assam Administrative Staff College on payment of 10% house rent and electrical charges per month and accordingly, the petitioners are occupying the said rooms as quarters since the year 2000-2001. It has also been submitted that the purpose for which they were asked to vacate the room, namely to accommodate the Secretariat Training School, as evident from the impugned order dated 16 th September, 2003, presently does not exist, as the Secretariat Training School has, in the meantime, been accommodated in Assam Administrative Staff College, as is evident from the communication dated 15 th February, 2005 issued by the Director of Training, Assam Administrative Staff College to the Principal Secretary, Government of Assam, Administrative Reforms and Training Department. Mr. Sarma producing a copy of the communication dated 1 st August, 2011 issued by the Director of Training to the Principal Secretary, Government of Assam, Administrative Reforms and Training Department further submits that the budget allocation for the year 2011-2012 has been made for vertical extension of Grade-III quarters in 4(four) Blocks where the petitioners can be accommodated. The learned senior counsel, therefore, submits that the present petition may be disposed WP(C) No.8368/2003 Page 3 of 6
of directing the respondent authorities to reconsider the matter in view of the changed circumstances and to pass necessary order. [4] Mr. Ghosh, learned State counsel submits that since the petitioners were allowed to occupy the earlier hostel in Block-A purely on temporary basis with condition that they have to vacate the rooms as an when required, the petitioners cannot have any grievance against the aforesaid orders passed asking them to vacate the rooms, which are required in connection with the Assam Administrative Staff College. The learned State counsel further submits that the rooms, which were earlier allotted to the petitioners and other similarly placed persons are required to accommodate the participants of the training courses, which is not meant to be used as quarters for Grade- III or any of the employees of Assam Administrative Staff College. The learned State counsel, therefore, submits that the relief claimed in the present petition may not be granted. [5] It appears from the aforesaid orders dated 7 th November, 2000; 10 th July, 2001 and 11 th July, 2001 passed by the Director of Training, Assam Administrative Staff College that the petitioners were allowed to occupy the rooms in Block-A of the Hostel, which were lying vacant, on the condition of payment for certain amount as rent and electricity charges and to vacate the said rooms as and when required. It appears from the impugned order dated 29 th May, 2002 that the petitioners were asked to vacate the rooms earlier allotted to WP(C) No.8368/2003 Page 4 of 6
them for the purpose of improving the Assam Administrative Staff College, Hostel Block-A. By order dated 30 th July, 2002 passed by the Director of Training, the petitioners were informed that they have been asked to vacate the rooms earlier allotted to them for the aforesaid purpose and as those rooms are meant for the participants of the courses and not for the official accommodation of the employees. In the impugned order dated 16 th September, 2003 passed by the Director asking the petitioners to vacate the rooms, another reason has been given, i.e. for shifting of the Secretariat Training School to the rooms, which were earlier allotted to the petitioners. It also appears from the communication dated 15 th February, 2005 issued by the Director of Training to the Principal Secretary, Administration Reforms and Training Department that the Secretariat Training School has already been accommodated elsewhere. The communication dated 1 st August, 2011 further reveals budget allocation under the plan for 2011-2012 for vertical extension of Grade-III quarters in 4(four) Blocks. The petitioners are admittedly occupying the said rooms from the year 2000-2001 and continued to be so by virtue of the interim order passed by this Court. [6] That being the position, I am of the view that the matter requires reconsideration, because of the changed circumstances, by the authority. WP(C) No.8368/2003 Page 5 of 6
[7] The writ petition is, therefore, disposed of directing the Director of Training, Assam Administrative Staff College to reconsider the matter relating to the orders passed asking the petitioners to vacate the rooms earlier allotted to them, keeping in mind the necessity to take over possession of the said rooms for the purpose for which the building was constructed or any other purpose in connection with the affairs of the Assam Administrative Staff College. Such consideration and necessary orders shall be passed within 45(forty-five) days from today. The petitioners or any one of them shall, within 10(ten) days from today, submit a certified copy of the order passed today before the said authority. Till such order, as directed is passed, the petitioners shall be allowed to possess the rooms, which were earlier allotted to them. [8] The writ petition is accordingly disposed of. No costs. JUDGE M. Sharma WP(C) No.8368/2003 Page 6 of 6