IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/833/2023 Muthu Kumar Vs. The Lieutenant Governor, Andaman and Nicobar Islands and Others Mr. Rajinder Singh … for the petitioner Mr. Shatadru Chakraborty, Sr. Adv. Mr. Rakesh Kumar Mr. Dibesh Dwivedi … for the respondents March 12, 2025 [AKB] Item No.21 1. The present writ petition has been filed, inter alia, praying for a direction upon the concerned respondent in particular the respondent No.2 to publish the amended Recruitment Rules for the post of Community Organizer in the Official Gazette of Andaman & Nicobar Administration. 2. To understand the controversy involved it is necessary to note down the facts leading to institution of the present proceeding. 3. The petitioner on the basis of a written examination and as per merit list was appointed as a Community Organizer in the Port Blair Municipal Council (PBMC) purely on temporary basis with effect from 13.08.2014. Such fact, inter alia, including the terms of appointment of the petitioner would more fully corroborate from the Office Order dated 13.08.2014. According to the petitioner, the petitioner while discharging his duties as a Community Organizer, by Office order dated 18.03.2019 was entrusted with the duties of Section In-charge of Project Cell, in addition to his own duties without any extra remuneration. Later, by Office Order dated 26th May, 2019 in addition to his own duties he was designated as a Nodal Officer for discharging works pertaining to Town Vending Committees, and was also designated as Education Officer to discharge all academic related works under control of Joint Secretary, PBMC. 4. According to the petitioner the PBMC in its resolution No. 116 dated 27.11.2018 had resolved to approve the Draft Amended Recruitment Rules for the post of Community Organizer in the establishment of PBMC annexed with the Agenda Note and also resolved to send the same to the Andaman & Nicobar Administration for approval and Gazette Notification. 5. According to Mr. Singh, learned advocate representing the petitioner the aforesaid amended Recruitment Rules takes care of the interest of the Community Organizers especially as regards their carrier growth and such fact would corroborate from the Agenda Note dated 03.10.2018. To more fully appreciate the same, the relevant portion of the Agenda Note is extracted here in below: “1. The Community Organizer post is available only in Municipality exclusively in UPA Cell (Urban Poverty Alleviation Cell). The post is not available in any other government department and Community Organizer is feeder grade for the post of Project Officer as per the structure of UPA Cell in ULB. 2. It is submitted that the nature of work of Community Organizer under ULB is same across the country, (i.e) exclusively discharging work related to schemes/programmes on urban poor as per their prevailing norms/operational guidelines of each and every scheme. However, the Community Organizer of our Council is working more than their nature of duty owing to lack of framework at City & State Level. 3. The promotional post for Community organizer is Project Officer as per the structure of Urban Poverty Alleviation Cell under ULB across the Country. However, the Pay Scale of Project Officer in PBMC is 9300-34800 (GP-4600) whereas the Council’s Community Organizer pay scale is 5200-2022 (GP- 1900) (As per VI Pay Commission) and this artificial gap between the two post theoretically hampering the promotional avenue for Community Organizer and ultimately treating the Community Organizer as an isolated post even though there is a definite promotional channel for Community Organizer. As this issue is overlooked by the earlier Council it need to rectify in the intrest of the carrier growth of Council’s Community Organizer.” 6. Mr. Singh would submit that although, the respondents were under an obligation to forward the resolution No. 116 dated 27.11.2018 for approval before the Andaman & Nicobar Administration and for consequential Gazette Notification, no steps appear to have been taken by the authorities. He prays for appropriate direction so that the aforesaid resolution may be approved and notified in the Gazette. 7. Mr. Dwivedi, learned advocate representing the respondents has placed before this Court the affidavit- in-opposition including the supplementary affidavit. In response to a query from this Court he submits that although, on 16.01.2025 it was represented on behalf of the Municipal Council that the Amended Recruitment Rules had been considered by the competent authority and a decision has been taken to continue with the existing notified Recruitment Rules, the same does not find support from the disclosure made by the respondents and that the records also do not demonstrate that any decision has yet been taken, on the amended rules by the competent authority being the Andaman & Nicobar Administration. 8. Having heard the learned advocates appearing for the respective parties and taking note of the fact that admittedly, a resolution being No. 116 dated 27.11.2018 had been adopted whereunder the council had resolved to approve the Draft amended Recruitment Rule for the post of Community Organizer in the establishment of the Port Blair Municipal Council annexed with Agenda Note and it was also resolved to sent the same to the Administration for approval and consequential Gazette Notification, I am of the view that the Administration should be directed to take a decision in the matter especially having regard to the Agenda Note dated 03.10.2018 relevant portion whereof has already been extracted hereinabove. 9. Having regard thereto, I direct the Municipal Council to once again forward the resolution No. 116/MC/2018 dated 28.11.2018 to the Andaman & Nicobar Administration unless, the same has already been forwarded with a further direction upon the Administration to take a decision thereon preferably within a period of twelve weeks from the date of communication of this order. 10. It is made clear that in the event the aforesaid resolution is approved, appropriate Gazette Notification shall be published within a period of two weeks from such approval. 11. With the above observations and directions, the writ petition stand disposed of. There shall be no orders as to costs. 12. Urgent Photostat certified copy of this order if applied for, the same be supplied to the parties upon compliance of necessary formalities. ( Raja Basu Chowdhury, J. )