WP(C) 3756/2006 BEFORE THE HON’BLE MRS .JUSTICE ANIMA HAZARIKA Heard Mr BD Das, learned counsel appearing for the petitioner. Also heard Mr B. Chetri, learned State counsel appearing for the respondents. Vide notification No. VFV.142/95/34-A dated 21.6.1995 issued by the Deputy Secr etary to the Government of Assam, Veterinary Department, the petitioner viz., D r. Alaul Islam, Extension Officer(Vety), Bihpuria Development Block, North Lakhi mpur was transferred and posted as Assistant Project Officer, District Rural D evelopment Agency, North Lakhimpur on deputation and accordingly, the service of the petitioner was placed at the disposal of Panchayat and Rural Development Department, Government of Assam. While the petitioner was discharging his servic e in the abovementioned post, he was allowed to hold Additional charge of Senior Block Development Officer, Telahi Development Block, Lakhimpur and thereafter b y notification dated 30.10.1999, he was allowed to serve as Block Development O fficer in Telahi Development Block, Lakhimpur Division and since then he is rend ering his service as Assistant Project Officer (Vety), DRDA, North Lakhimpur alo ng with additional charge of Senior Block Development Officer of Telahi Developm ent Block. The petitioner has been serving on deputation in the aforesaid post under Pancha yat and Rural Development Department since 1995 i.e. for about 15 years he has been discharging his duties to the satisfaction of the higher authorities. The Finance Department of the Government of Assam by an office memorandum No. FE G/13/92/Pt/14 dated 19.7.1997 inter alia directed that the maximum period of dep utation of an employee will be 5 years and after expiry of 5 years if the employ ee is not reverted to the parent department, he shall be deemed to be permanentl y absorbed in the deputed organization. The relevant clause A of the notification dated 19th July, 1997 is quoted her eunder: Maximum period of deputation will be for a period of 5 years. After expiry of 5 years the employee must revert to his parent department failing to which he/she shall deem to be permanently absorbed in the deputed organization. In no circum stances, Finance will accept proposal for deputation beyond 5 years. In view of the aforesaid notification, the Deputy Secretary to the Government of Assam, A.H. & Veterinary Department by letter dated 24.7.2003 informed the Join t Secretary to the Government of Assam, P & R.D. Department, Dispur, Guwahati th at there is no objection for absorption of service of the petitioner in the Panc hayat and Rural Development Department permanently, Government of Assam has alre ady considered for permanent absorption of some persons similarly situated with that of the petitioner on the basis of the office memorandum dated 19.7.1997. Fo r example, Sri A. H. Laskar, Junior Engineer, Municipal Administration Departme nt (since re-named as Urban Development Department) was absorbed permanently in the Panchayat and Rural Development Department vide notification dated 11.4.200 3. But the case of the petitioner has not been considered till date. The petitioner, therefore, finding no other alternative submitted representation dated 5.6.2006 and 28.6.2006 before the respondent No. 1 praying for his perman ent absorption as Block Development Officer in the Panchayat and Rural Developme nt Department in view of his continuous service in the department since 1995. Ho wever, the same have evoked no response from the authority and therefore, the instant writ petition with a prayer for a direction to the respondent authoritie s to permanently absorb the petitioner in the Panchayat and Rural Development D epartment, Government of Assam in the light of the office memorandum dated 19.7. 1997. An affidavit-in-opposition has been filed on behalf of the respondent No. 1 wher ein at para 9 it has been stated that the representations dated 5.6.2006 and 28. 6.2006 have not been received by the Department. Hence, the claim of the petitio ner for permanent absorption in the Panchayat and Rural Development Department c ould not be considered. In view of the specific averment made in the affidavit-in-opposition that only d ue to non receipt of the representations, the petitioner’s case for permanent ab sorption could not be considered, the instant writ petition is disposed of with a direction to the petitioner to submit a fresh representation before the respon dent No. 1 i.e. the Commissioner and Secretary to the Government of Assam, Panch ayat and Rural Development Department ventilating his grievances. The respondent No. 1 would dispose of the representation so submitted by the petitioner by pas sing a speaking order in the light of the office memorandum No. FEG/13/92/Pt/14 dated 19th July, 1997 within a period of 4 weeks from the date of receipt of the same and also considering the facts that the Veterinary Department has already given no objection for the petitioner’s permanent absorption in the Panchayat a nd Rural Development. It is needless to say that the order so passed by the respondent authority shall be communicated to the petitioner forthwith. The petitioner shall also submit b efore the respondent No. 1 a certified copy of this order along with the represe ntation so filed. With the aforesaid direction, the writ petition stands disposed of. However, there shall be no order as to cost.