Rajiv Kumar Choudhury v. The State of Assam and Ors

ORDER

18.01.2024

None appears for the petitioner on call. However, Ms. A. Talukdar, learned counsel appears on behalf of the respondents. Page No.# 2/2 The petitioner, by way of instituting the present writ petition, has prayed for regularization of his services as Lower Division Assistant (LDA) under the respondent Departments. The petitioner was engaged as an LDA on ad hoc basis for 3(three) months vide order dated 19.01.1996. It is projected in the writ petition that such engagement of the petitioner was being extended from time to time. The petitioner purportedly appeared in a selection for the post of LDA-cum-Typist in the year 2001 and it is the contention in the writ petition that such selection was not taken to its logical conclusion. The writ petition was filed 11 years after holding of the said selection. In that view of the matter, no direction can be issued at this distant point of time for having the said selection process taken to its logical conclusion.

The other prayer of the petitioner is for regularization in service. The petitioner has not brought on record any material to justify that he was working against a regular vacant post and was recruited through a process of selection. Mere completion of a long period of time in service on ad hoc basis, will not by itself justify the prayer of the petitioner for a direction for regularization of his services. However, as none has appeared for the petitioner, this writ petition is dismissed for non-prosecution.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010009012012 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4882/2012 RAJIV KUMAR CHOUDHURY S/O- LT. BINOD LAL CHOUDHURY, R/O- SOLADHARA CHARIALI, P.O., P.S. and DIST.- JORHAT, ASSAM. ----VERSUS----- 1. THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., SACHIVALAYA, DISPUR, GHY- 6. 2:THE DIRECTOR OF SOCIAL WELFARE and PROBATION DEPTT. ASSAM, UZANBAZAR, GHY- 1. 3:THE PROGRAMME OFFICER DIVISIONAL ICDS CELL, JORHAT DIST.- JORHAT, ASSAM Advocate for the Petitioner : MR.U K DEKA Advocate for the Respondent : SC, SOCIAL WELFARE – B E F O R E – HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR