Jaydeb Kr. Nath and 17 Ors v. The State of Assam and 6 Ors

ORDER Date : 01.08.2024

Heard Ms. A. Das, learned counsel for the petitioner. Also heard Mr. C. Sarma, learned standing counsel, Water Resources Department appearing on behalf of all the respondents.

¶2By instituting the present proceeding, the petitioners have prayed for their engagement as Muster Roll Workers(MRWs) in the establishment of the respondent No. 7, on the ground that the petitioners, herein, were engaged as Muster Roll Workers(MRWs) after 01.04.1993, and had completed 5 years of services as on 24.01.2001.

¶3As projected in the writ petition, the petitioners, herein, were so engaged as Muster Roll Workers(MRWs) in the establishment of respondent No. 7 after 01.04.1993 and completed 5 years of continuous service in the said establishment in such capacity as on 24.01.2001. The services of the petitioners were, thereafter, disengaged from their services.

¶4Raising the issue similar to the one as raised in the present proceeding; an umbrella organization of Muster Roll Workers(MRWs) i.e. Assam Rajyik Karmachari Parishad had approached this Court by way of filing a writ petition being WP(c)560/2009, which was disposed of by this Court vide order, dated Page No.# 6/8

04.05.2010, with the following directions: "Having heard the learned counsel for the parties, this Court had passed an order, on

08.04.2010, which reads, inter alia, thus: Considering the matter in its entirety and in the interest of justice, it is hereby made clear that unless otherwise directed by this Court, there shall be no bar, on the part of the State respondents, to engage the present petitioners in the field work of the Department along with similarly situated other persons, if such engagement is legally made. It is further clarified that the engagement, as has been permitted by this Court, by its order, dated 08.04.2010, shall not be in a manner, which may co me into conflict with the observations made, and the directions given, by a Full Bench of this Court, in Jitendra Kalita & Ors. Vs. State of Assam & Ors., reported in (2006) 2 GLT 654 (FB). As regards the claim of the petitioners that they have not been paid their dues for the period, for which they had worked, it needs to be pointed out that the contention of the petitioners, that they had worked, is disputed by the respondents. For such a disputed question of fact, a proceeding of present nature, under Article 226 of the Constitution of India, is not the appropriate proceeding inasmuch as determination of such a question would require making of roving enquiry and adducing of evidence by the parties concerned. In such circumstances, as far as the petitioners' claim for non-payment of their dues are concerned, the petitioners shall have to take recourse to appropriate provisions of law for remedy of their grievances. If any proceedings is instituted by the petitioners claiming payment of their alleged dues, the observations, made and/or the findings recorded by the respondents, in their enquiry report, on 19.11.2008 (Annexure P-2 3 to the writ petition), shall not be binding on the petitioners, though the same may be relevant for the respondents in order to sustain their findings in the matter."

¶5The petitioners, herein, are claiming for re-engagement/re-appointment on the basis of the Office Memorandum, dated 30.10.2001, issued by the Principal Secretary to the Government of Assam, Finance Department, which provides that the Muster Roll Worker(MRW)/Work-Charged employees who were engaged after 01.04.1993 and completed five years of continuous service as on 24.01.2001, shall only continue in services in their respective capacity subject to proper verification of their engagements by the respective appointing authorities.

¶6It is the claim of the petitioners, herein, that as they were engaged after

01.04.1993 and have completed five years' of continuous service as on

24.01.2001; they should, therefore, be re-engaged/re-appointed.

¶7Mr. Sarma, learned standing counsel, Water Resources Department, has, Page No.# 7/8 by relying on the report of the Committee formed to examine the records of the Muster Roll Workers(MRWs) engaged after 01.04.1993 and who had completed five years' of continuous service on 24.01.2001, has submitted that the said Committee on examination of a claim made by the organization, in question, that around 35 persons were engaged as Muster Roll Workers(MRWs) after 01.04.1993 and who had completed five years' of continuous service as on 24.01.2001, in the establishment of respondent No. 7; had come to a conclusion, on verification of contemporaneous records maintained in the Division that no Muster Roll Workers(MRWs) were so engaged in the establishment of respondent No. 7 after 01.04.1993 and there is no record of such engagement being so effected.

¶8However, on consideration of the report, in question; it is seen that the said report is dated 19.11.2008, which is prior in time to the order dated

04.05.2010, passed by this Court in WP(c) 560/2009.

¶9Mr. Sarma, learned standing counsel, Water Resources Department, on a query, is unable to clarify before this Court as to whether any exercise has been taken by the Water Resources Department for verification of Muster Roll Workers/Work Charged/Sectional Assistant, who were appointed after

01.04.1993 and have completed five years' of service upto 24.01.2001 after the order dated 04.05.2010 was passed by this Court in WP(c) 560/2009.

¶10As this Court has already observed that the report is of the year 2008; this Court is of the considered opinion that without entering into the merits of the case, it would be in the interest of justice to dispose of this writ petition by directing the respondent authorities in the Water Resources Department, to have a re-verification strictly basing on contemporaneous records, with regard Page No.# 8/8 to the claim of the petitioners as to whether they were appointed after

01.04.1993 and have continuously been serving for five years till 24.01.2001. Such exercise shall be also so carried-out by reckoning the policy of the State for engagement of Muster Roll Workers(MRWs) as on date.

¶11Let such an exercise be undertaken by the respondent authorities and the same be concluded within a period of 6(six) months from the date of receipt of a certified copy of this order. The authorities concerned, on conclusion of the exercise as required to be undertaken; shall, thereafter, intimate petitioners, herein, with regard to the outcome of such re-verification.

¶12With the above directions and observations, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/8 GAHC010107122020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3815/2020o JAYDEBoKR.oNATHoANDo17oORS.o S/OoSHRIoPRABHAToCH.oNATH,oVILL-GIJIAJANI,oP.O.-LALABORI,oDIST- GOALPARA,oASSAM,oPIN-783126 2:oGIRISHoCH.oNATH oS/OoLATEoTHANESWARoNATH oVILL-BAKAITARI oP.O.-BAKAITARI oPIN-783125 3:oPURNANANDAoNATH oS/OoSHRIoGOBINDAoCH.oNATH oVILL-RAJAPARA oP.O.-RAJAPARA oPIN-783133 4:oPRADIPoKR.oNATH oS/OoDWIJENoNATH oVILL-KARIPARA oP.O.-CHAKLA oPIN-783125 5:oKAMALoCH.oNATH oS/OoASWINIoKR.oNATH oVILL-DOMANI oP.O.-MATIAPARA PageoNo.#o2/8 oPIN-783125 6:oDILIPoKR.oNATH oS/OoSHRIoHARICHARANoNATH oVILL-RAJAPARA oP.O.-RAJAPARA oPIN-783133 7:oDHANESWARoNATH oS/OoSHRIoRAMESHoCH.oNATH oVILL-BAKAITARI oP.O.-BAKAITARI oPIN-783125 8:oDIGANTAoNATH oS/OoSHRIoMAHENDRAoNATH oVILL-BAKAITARI oP.O.-BAKAITARI oPIN-783125 9:oSHASHADHARoNATH oS/OoSHRIoDWIJENoNATH oVIL-KARIPARA oP.O.-CHAKLA oPIN-783125 10:oMANABoKALITA oS/OoLATEoJITENDRAoKALITA oVILL-BAKAITARI oP.O.-BAKAITARI oPIN-783125 11:oHITESHoCH.oNATH oS/OoSHRIoMAHENDRAoNATH oVILL-BAKAITARI oP.O.-BAKAITARI PageoNo.#o3/8 oPIN-783125 12:oSMTI.oGOKULIoNATH oD/OoSHRIoBHABATARANoNATH oVILL-RAJAPARA oP.O.-RAJAPARA oPIN-783133 13:oCHANDANoNATH oS/OoSHRIoSUDHIRoNATH oVILL-UPARKARKASHI oP.O.-DUDHNOI oPIN-783125 14:oTAPANoNATH oS/OoSHRIoPRABHAToCH.oNATH oVILL-GOJIAJANI oP.O.-LALABORI oDIST-GOLAPARA oPIN-783126 15:oRAJIBoCHoNATH oS/OoSHRIoBHABANIoNATH oVILL-RAJAPARA oP.O.-RAJAPARA oPIN-783133 16:oHARISHoCH.oNATH oS/OoLATEoHIRANMOYoNATH oVILL-UPORTOLA oP.O.-DUDHNOI oPIN-783124 17:oBHUBANoNATH oS/OoSHRIoBHUBANoCH.oNATH oVILL-GOJIAJANI oP.O.-LALABAORI PageoNo.#o4/8 oPIN-783126 18:oBIJOYoCH.oNATH oS/OoSHRIoLAKHIoKANTAoNATH oVILL-TOKRAPARA oP.O-AGIA oPIN-78312o VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oWATERo RESOURCESoDEPARTMENT,oGOVERNMENToOFoASSAM,oDISPUR,o GUWAHATI-781006 2:THEoUNDERoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPERSONNELo(B)oDEPARTMENT oDISPUR oGUWAHATI-781006 3:THEoSTAFFoOFFICERoTOoTHEoCHIEFoSECRETARY oDISPUR oGUWAHATI-781006 4:THEoDEPUTYoSECRETARYo(I)oTOoTHEoGOVERNMENToOFoASSAM oWATERoRESOURCESoDEPARTMENT oDISPUR oGUWAHATI-781006 5:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATI-781003 6:THEoDEPUTYoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATI-781003 7:THEoEXECUTIVEoENGINEER oGUWAHATIoWESToWATERoRESOURCESoDIVISION oGOVERNMENToOFoASSAM oKAMRUPo(M) oGUWAHATI-78100o Page No.# 5/8 Advocate for the Petitioner : MS. N S THAKURIA, MR. G K THAKURIA Advocate for the Respondent : GA, ASSAM, SC, WATER RESOURCE,SC, PERSONAL DEPT. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR