Assam Special Police Officers Welfare Society v. The State of Assam and 16 Ors

ORDER

27.08.2024

Heard Shri D. Deka, learned counsel for the petitioner. Also heard Shri D. Bora, learned State Counsel. The matter pertains to a challenge of discontinuation of the members of the petitioner's society who were recruited as Special Police Officers. It is the case of the petitioner that in the year 2007, pursuant to a decision of the Central Government, 1000 numbers of SPO's were engaged on contractual basis mainly for providing security in the construction of the four lane east west corridor under the NHAI. Though the petitioner were serving since long and were demanding for their regularisation including hike in their monthly remuneration, their grievances were not redressed and ultimately from June, 2015, they were not allowed to perform their duties. Shri Deka, the learned counsel has however submitted that subsequently, the Assam Industrial Security Force (AISF) has been constituted in which the incumbents who had earlier rendered service SPOs have been given preference. Shri D. Bora, learned State Counsel has submitted that in view of the subsequent development, no effective relief can be given to the petitioners. Page No.# 4/4 This Court has noted that the AISF has been constituted wherein SPOs and Home Guard are given preference and it is the case of the petitioner's society that many of his members have subsequently been recruited under the new scheme. In view of the aforesaid facts and circumstances, this Court is of the considered opinion that there may not lie any existing cause of action to be adjudicated. Writ petition is accordingly closed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010022652015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6122/2015o ASSAMoSPECIALoPOLICEoOFFICERSoWELFAREoSOCIETYo REP.oBYoITSoSECY.oSRIoMRITYUNJOYoBORAH,oS/O-oSRIoTULOSHIoBORAH,o R/OoVILL.-oRAMPURoHATINGA,oP.O.-oHATINGA,oP.S.-oJAMUGURIHAT,oDIST.-o SONITPUR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo16oORSo REP.oBYoTHEoCOMMISSIONERoandoSECY.oTOoTHEoGOVT.oOFoASSAM,oHOMEo andoPOLITICALoDEPTT.,oDISPUR,oGHY-o6. 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGHY-o7. 3:THEoSUPERINTENDENToOFoPOLICE oKAMRUP oKAMRUPoDIST. 4:THEoSUPERINTENDENToOFoPOLICE oNAGAON oNAGAONoDIST. 5:THEoSUPERINTENDENToOFoPOLICE oMORIGAON oMORIGAONoDIST. 6:THEoSUPERINTENDENToOFoPOLICE oNALBARI oNALBARIoDIST. PageoNo.#o2/4 7:THEoSUPERINTENDENToOFoPOLICE oBAKSA oBAKSAoDIST. 8:THEoSUPERINTENDENToOFoPOLICE oBARPETA oBARPETAoDIST. 9:THEoSUPERINTENDENToOFoPOLICE oCHIRANG oCHIRANGoDIST. 10:THEoSUPERINTENDENToOFoPOLICE oBONGAIGAON oBONGAIGAONoDIST. 11:THEoSUPERINTENDENToOFoPOLICE oKOKRAJHAR oKOKRAJHARoDIST. 12:THEoSUPERINTENDENToOFoPOLICE oSILCHAR oCACHARoDIST. 13:THEoSUPERINTENDENToOFoPOLICE oDIMAoHASAO oDIMAoHASAOoDIST. 14:THEoUNIONoOFoINDIA oREP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oNEWoDELHI-o110001. 15:THEoSECY.oTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoROAD oTRANSPORToandoHIGHWAYS oNEWoDELHI-o110001. 16:DIRECTORoGENERALoRE-SETTLEMENT oMINISTRYoOFoDEFENCE oGOVT.oOFoINDIA oWESToBLOCKoIV oR.K.oPURAM oNEWoDELHI-o110066. 17:THEoDIRECTORoNE oMINISTRYoOFoHOMEoAFFAIRS oGOVT.oOFoINDIA Page No.# 3/4 NEW DELHI Advocate for the Petitioner : MR.D BARMAN, MR.K LAHKAR,MR.B K BHATTACHARJEE,MR.N MAHAJAN,MR.R MAZUMDAR,MR.D DEKA,MRN J DAS Advocate for the Respondent : C.G.C., MR.C BARUAH,SC, NHAI,,GA, ASSAM,MR. B SARMA,ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI