Samir Dhara And Others v. The Union Of India And Others

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/74/2022 Samir Dhara and others ... Petitioners Vs.

The Union of India and others ... Respondents Mr. S. Ajith Prasad ... for the petitioner Mr.Shatadru Chakraborty Mr.Ramendu Agarwal ... for the respondent Nos.3,5,6,7 Mr.N.A.Khan ... for the respondent Nos.4,8,10 March 25, 2022 [GNC] Item No.2 This an application under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by the callous inaction on the part of the Andaman and Nicobar Administration that has chosen to completely ignore the repeated orders of the High Court. Furthermore, request made by the Registrar, Circuit Bench of Calcutta High Court at Port Blair with regard to consolidated pay to be made to the System Officers and System Assistants has also not been followed in toto.

It is to be noted that by a notification dated 27th November, 2014 in exercise of powers conferred by clause (2) of Article of 229 of the Constitution of India, the Calcutta High Court (Computer Technical Manpower for District Court Recruitment) Rules, 2014 came into existence. This particular notification deals with recruitment of personnel to the post of System Officer and System Assistants in the High Court as well as the District and Subordinate Courts in West Bengal and similar posts in Regional Courts under the rule making powers of the High Court.

This notification has been put into effect by the High Court and the West Bengal Government has complied with the same. Since the Andaman and Nicobar Union Territory also comes within the purview of the Calcutta High Court, officers working herein are also subject to the said notification. Accordingly, request was made on 30th August, 2014 by the then Registrar, Circuit Bench of Calcutta High Court at Port Blair to the Secretary (Law), Andaman and Nicobar Administration for creation of the posts. However, the same has not been done till date.

Owing to the delay in creation of the posts an alternative temporary suggestion was made by the Registrar (upon approval by the Full Court of the High Court) for paying System Officers at the rate of Rs.40000/- and System Assistants at the rate of Rs.35000/- so that these employees could make two ends meet with dignity. Inspite of the same, Secretary (Law), Andaman and Nicobar Administration after a period of five months wrote to the Registrar, Circuit Bench of Calcutta High Court that System Officers shall be paid Rs.20000/- and System Assistants Rs.15000/- without giving any reasons for reduction in the pay as requested by the High Court.

It is to be noted that from 2019 onwards System Officers are receiving Rs.20000/- and System Assistants are receiving Rs.15000/- as pay. Till date no posts have been sanctioned and therefore, the petitioners herein are suffering. Subsequently, on January 9, 2020 a writ petition was filed by the petitioners herein and a specific direction was given by a coordinate Bench of this High Court that reads as follows:-

"Upon hearing learned counsel for the parties, I direct the Chief Secretary, Andaman & Nicobar Administration, the respondent no. 4 in consultation with the Secretary (Law), the respondent no.5 to take appropriate steps to make the said notification effective, within six months from the date of communication of this order. I make it clear that the central government is also bound by the mandate of this order.

This writ application (WP No. 002 of 2020) is accordingly disposed of."

An appeal was filed against the same wherein by order dated February 20, 2020, the Division Bench noted that the Chief Secretary was not the competent authority for sanctioning and/or creating the posts, and therefore, directed the matter to be placed before the Ministry of Home Affairs by the Administration. Relevant portion is extracted below:- "The Chief Secretary, Andaman and Nicobar Administration is not a competent authority for sanction and/or creation of a post and therefore, the order needs to be modified in this regard. Since the point urged in the instant appeal squeezes to such limited extent, we do not interfere with the rest portion of the impugned order except that the matter may be placed before the Ministry of Home Affairs by the Administration for sanction/creation of the posts of the writ petitioners and an effort shall be shown by the Chief Secretary, Andaman and Nicobar Administration that a decision from the said Ministry is obtained within four months from the date of communication of this order.

The appeal is disposed of accordingly."

In great dismay, I hear this matter today. More than two years after the order passed by the Division Bench I find that no steps have been taken by the Administration for complying with the order passed by the Single Bench that was later modified by the Division Bench.

Simpliciter indicating to the Court that letters have been exchanged without any fruitful result, only indicates a lackadaisical approach being undertaken by the Administration in this particular case.

This lis has to come to an end and the same can only be done by ensuring that the posts are created within a specific period of time.

Mr.Chakraborty appearing on behalf of the Administration has fairly submitted that things have moved slowly in this matter and direction may be passed by this Court so that the posts may be sanctioned within a time bound period. Though this submission is appreciated, the Court notices that the orders that were passed having time bound periods in the year 2020 have been ignored and only excuses are forthcoming from the Administration.

Accordingly, I direct the Andaman and Nicobar Administration, the Ministry of Home Affairs and the Ministry of Law Justice to ensure that the posts are sanctioned within a period of two months from date.

Apart from the mandatory order passed above, I request the Lieutenant Governor, Andaman and Nicobar Islands and the Chief Secretary, Andaman and Nicobar Administration to look into this matter and take a decision on increase of the salary of System Officers at the rate of Rs.40000/- and System Assistants at the rate of Rs.35000/- keeping in view the request made by the Registrar, Calcutta High Court, Circuit Bench at Port Blair in the year 2018.

This decision on payment of the above sums of money by the authorities concerned should be taken within a period of 15 days from date, and shall operate for the interregnum period till the posts are sanctioned and regularization is made. With the above directions, this writ petition is disposed of. Before parting with, I would like to thank both counsel appearing for the parties, for their fair stand taken in the matter. ( Shekhar B. Saraf, J. )