Page No.# 1/12 GAHC010264592024 2026:GAU-AS:13427 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6715/2024 MANOJ KR. BARMAN SON OF LATE NAGENDRA NATH BARMAN, VILLAGE- JAPARKUCHI, P.O.- TERECHIA, P.S. AND DISTRICT- NALBARI, PIN- 781334 VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-06 2:THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT ASSAM JURIPAR PANJABARI GUWAHATI-37 3:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 4:THE TREASURY OFFICER DISPUR TREASURY OFFICE DISPUR GUWAHAT Advocate for the Petitioner : MR. R A CHOUDHURY, MR. H ISLAM,MR E AHMED,MR. R A MAZUMDER Page No.# 2/12 Advocate for the Respondent : SC, AG (A AND E), MR. R TALUKDAR (SC, FINANCE),MR. S DUTTA (SC, P AND R.D).,MR. S K MEDHI (SC,AG),SC, FINANCE,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 09.09.2026 Heard Mr. R.A. Choudhury, learned counsel, appearing for the petitioner. Also heard Mr. A.K. Ghose, learned Standing Counsel, P&RD Department, appearing for the respondent nos.1 and 2; Mr. S.K. Medhi, learned Standing Counsel, Accountant General (A&E), Assam, appearing for the respondent no.3; and Ms. R. M. Deka, learned Standing Counsel, Finance. 2. The petitioner in the present writ petition has prayed for the following reliefs; (A) a Writ in the nature of Certiorari should not be issued for quashing/setting aside the impugned Notification having ECF No. 234857 /DFA/279379 dated 07- 08-2023 (Annexure: 5, Page No. 35) issued by Respondent No. 1 so far as the attachment of petitioners' service as i/c Deputy Chief Executive Officer in the Office of the Chief Executive Officer, Karimganj followed by partial modification of the same vide Notification having ECF No. 234857/ DFA / 380596 dated 02-11- 2023 (Annexure: 8, Page No. 38) as i/c Deputy Chief Executive Officer in the Office of the Chief Executive Officer, Darrang with immediate effect and until Page No.# 3/12 further order is concerned; (B) a Writ in the nature of Certiorari should not be issued for quashing/setting aside the impugned Order bearing No. E-346122 / DFA / 318868 dated 08-11- 2023 (Annexure: 11, Page No. 43) issued by Respondent No. 2 whereby the petitioner was released from the Office of the Respondent No. 2 with effect from forenoon of 09-11-2023 so as to enable the petitioner to join as i/c Deputy Chief Executive Officer, in the Office of the Chief Executive Officer, Darrang Zilla Parishad, Darrang and instructed the petitioner to hand over the charge of Assistant Development Commissioner; (C) a Writ in the nature of Mandamus should not be issued directing respondents No. 1 and 2 to allow the petitioner to hold and officiate in his substantive post of Assistant Development Commissioner in the Office of the Commissioner, P & RD, Assam in terms of the Notification dated 25-02-2021 (Annexure: 1, Page No. 29) issued by Respondent No. 1; (D) a Writ in the nature of Mandamus should not be issued directing the respondents to hold that the petitioner is entitled to arrear allowances/salary (as the case may be) after deduction of the subsistence allowance already paid for the period during suspension to the petitioner; (E) a Writ in the nature of Mandamus should not be issued directing the respondents to grant /release / pay the arrear allowances/salary (as the case may be) after deduction of the subsistence allowance already paid for the period during suspension to the petitioner at the earliest.” 3. As projected in the writ petition, the petitioner was initially Page No.# 4/12 appointed as an Extension Officer (Fishery), on 09.11.2001. The petitioner was, thereafter, promoted to the post of Assistant Development Commissioner, vide a notification dated 25.02.2021, and was posted in such capacity to the Office of the Commissioner, P&RD, Assam. The petitioner, while working as an Assistant Development Commissioner, in the establishment of the Commissioner, P&RD Department, Assam, was allowed to hold the charge of the post of Block Development Officer (BDO), Madhupur Development Block, Nalbari, vide a notification dated 30.06.2021. The petitioner, was vide a notification dated 18.11.2022, placed under suspension, basing on an allegation of having used derogatory words against Government decision in connection with “Indira Miri One Time Financial Assistance Scheme”, and also basing on an allegation of exhibiting unruly behavior, use of unparliamentary words against Senior Government Officials and showing ill temperament etc. The petitioner was thereafter, vide a notification dated 07.08.2023, re-instated in his services as Assistant Development Commissioner, in the Office of the Commissioner, P&RD, Assam, on revocation of his order of suspension. However, services of the petitioner on revocation of his suspension, came to be attached in the Office of the Chief Page No.# 5/12 Executive Officer, Karimganj, as i/c, Deputy Chief Executive Officer. The said order was subsequently modified vide notification dated 02.11.2023, and the petitioner was attached with the Office of the Chief Executive Officer, Darrang, as i/c, Deputy Chief Executive Officer. The petitioner under protest, joined in the Office of the Chief Executive Officer, Darrang Zilla Parishad, Darrang, as i/c Deputy Chief Executive Officer, on 14.11.2023. Thereafter, a Departmental proceeding was instituted against the petitioner and the same was concluded with the issuance of an order dated 31.05.2024, imposing a penalty of withholding of 01 (one) increment without cumulative effect upon the petitioner. The period spent by the petitioner under suspension was regularized as on duty for all purposes. The petitioner, thereafter, submitted application for posting him against his original post as Assistant Development Commissioner, in the Office of the Commissioner, P&RD Department, Assam, however, the said application not being considered, the petitioner has instituted the present writ petition. 4. Mr. R.A. Choudhury, learned counsel, for the petitioner, has submitted that the petitioner on his promotion to the post of Assistant Development Commissioner, was posted in the Office of Page No.# 6/12 the Commissioner, P&RD, Assam, and vide a notification dated 30.06.2021, the petitioner was also allowed to hold the charge of the post of Block Development Officer, Madhupur Development Block, Nalbari, in addition to his duties. The learned counsel for the petitioner submits that after the petitioner’s order of suspension, was revoked, and he was re-instated in his service, such re- instatement was effected against the post of Assistant Development Commissioner, in the Office of the Commissioner, P&RD. However, his services came to be attached to the Office of the Chief Executive Officer, Karimganj Zilla Parishad, Karimganj, as i/c Deputy Chief Executive Officer, which was subsequently modified and the services of the petitioner came to be attached in the Office of the Chief Executive Officer, Darrang Zilla Parishad as i/c Deputy Chief Executive Officer. 5. Mr. R.A. Choudhury, further by referring to notification dated 02.09.2022, has submitted that the Government, had allowed Extension Officer (Fishery), under the P&RD Department, to hold the charge of the post of i/c, Deputy Chief Executive Officer, in Zilla Parishad. Accordingly, it is submitted that the petitioner having already been promoted to the post of Assistant Development Commissioner, his services could not have been Page No.# 7/12 attached as i/c, Deputy Chief Executive Officer, in a Zilla Parishad. 6. Mr. Choudhury, submits that the petitioner has been regularly submitting his applications before the respondent authorities for review of his posting as i/c, Deputy Chief Executive Officer, on the ground that he was, as a Assistant Development Commissioner, holding a higher post, than the post of Deputy Chief Executive Officer. 7. Mr. Choudhury, learned counsel for the petitioner, has further submitted that the petitioner was vide order dated 31.05.2024, imposed with a penalty of withholding of 01 (one) increment without cumulative effect and accordingly, the Departmental proceedings instituted against the petitioner, was closed. He further submits that the period of suspension of the petitioner was also regularized as on duty for all purpose. Accordingly, the learned counsel for the petitioner submits that the posting of the petitioner out of the Office of the Commissioner, P&RD, even if, permissible to be justified on the ground that a Departmental proceeding was instituted and was pending against him, on conclusion of the said Departmental proceeding and even after the currency of the penalty so imposed, had expired, it was not permissible to continue to post the petitioner against a post Page No.# 8/12 which admittedly was below the status of the post held by him. 8. In the above premises, Mr. Choudhury, submits that the respondent authorities, be directed to post the petitioner as Assistant Development Commissioner, in the establishment of the Commissioner, forthwith. 9. Per contra, Mr. A.K. Ghose, learned Standing Counsel, P&RD Department, submits that the petitioner’s attachment as i/c, Deputy Chief Executive Officer, in the establishment of the Chief Executive Officer, Darrang Zilla Parishad, has been so effected in a temporary basis, and the petitioner is continuing to draw his pay and allowances against the post of Assistant Development Commissioner, in the Office of the Commissioner, P&RD, Assam. 10. Mr. A.K. Ghose, further submits that no prejudice has been caused to the petitioner, on his services being attached as i/c Deputy Chief Executive Officer, in the Office of the Chief Executive Officer, Darrang Zilla Parishad. Accordingly, Mr. Ghose, submits that the said attachment being so effected on administrative exigencies, the same would not be permissible to be interfered with by this Court. 11. I have heard the learned counsel for the parties and also Page No.# 9/12 perused the materials available on record. 12. It is an admitted position, that the petitioner was proceeded against, by way of institution of a Departmental proceedings. The Departmental proceedings, instituted against the petitioner was concluded with the issuance of order dated 31.05.2024, imposing upon him penalty of withholding of 01 (one) increment without cumulative effect. This Court finds that the attachment of the services of the petitioner as i/c Deputy Chief Executive Officer, in the Office of the Chief Executive Officer, Darrang Zilla Parishad, Darang, was justifiable during the period, the Departmental proceedings were pending against the petitioner. However, the Departmental proceedings instituted against the petitioner having been concluded with the passing of the order dated 31.05.2024, there is no justification for continuing with the attachment of the services of the petitioner as i/c Deputy Chief Executive Officer, in a Zilla Parishad. 13. This Court also finds from the materials brought on record that the Government had vide a notification dated 02.09.2022, permitted the Extension Officer (Fishery), to hold the charge of the post of i/c Deputy Chief Executive Officer, in Zilla Parishads. 14. As noticed, hereinabove, the petitioner was originally Page No.# 10/12 appointed as an Extension Officer (Fishery), however, vide a notification dated 25.02.2021, he was promoted to the post of Assistant Development Commissioner, and posted in the establishment of the Commissioner, P&RD Department, Assam. The post of i/c, Deputy Chief Executive Officer, in Darang Zilla Parishad, Darang, being a post in the rank of the Extension Officer (Fishery), the petitioner already having been promoted to the post of Assistant Development Commissioner, this Court is of the considered view that the petitioner, herein, although is being authorized his pay and allowances from the post of Assistant Development Commissioner, in the establishment of the Commissioner, P&RD Department, Assam, his continuation as the i/c Deputy Chief Executive Officer, in the said Zilla Parishad, is clearly impermissible. 15. It is a settled position of law, that an employee cannot be forced to work against a post which is below the status of the post, to which he was appointed and/or promoted. 16. In view of the above discussion, this Court from the materials available on record, does not find any justification to have been brought on record, for the purpose of continuing with the attachment of the services of the petitioner as i/c Deputy Chief Page No.# 11/12 Executive Officer, of a Zilla Parishad, and accordingly, this Court is of the considered view that further continuation of the petitioner as i/c Deputy Chief Executive Officer, of Darrang Zilla Parishad, would not be permissible, more so, when the Departmental proceeding instituted against the petitioner has already concluded and the currency of the penalty imposed upon him is also over. 17. Accordingly, for the reasons assigned hereinabove, the respondent authorities, are directed to post the petitioner against his original post of Assistant Development Commissioner, in the Office of the Commissioner, P&RD, Assam, within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order. 18. The petitioner has also made a prayer for being released of his arrear salaries after the period of his suspension, was vide order dated 31.05.2024, regularized as on duty. The competent authority vide order dated 31.05.2024, having regularized the period of suspension of the petitioner as on duty for all purposes, the petitioner, herein, is entitled to draw his salaries for the period, when he was placed under suspension. Accordingly, it is directed that the respondent authorities, shall release to the petitioner his salaries for the period he was placed under suspension after Page No.# 12/12 deduction of the subsistence allowance already paid to him. The arrears of salaries so working out, be released to the petitioner, within a period of 03 (three) months from the date of receipt of a certified copy of this order 19. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant