Dhiraj Nath and 2 Ors v. The State of Assam and 2 Ors

ORDER Date : 24/07/2024

Heard Mr. A. Sahad, learned counsel for the writ petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD, appearing for the respondent nos. 1, 2 & 3. The 3(three) writ petitioners herein belong to the family of 'Martyrs' in the Assam Movement on the problem of foreigners. Therefore, they come within the definition of "affected candidates" under the Assam Public Service (Preferential Appointment) Rules, 1999. Section 4 of the Rules of 1999 permits preferential treatment to be given to the "affected candidates" in the matter of public appointment. Accordingly, the 3 (three) writ petitioners were temporarily appointed as Section Assistants under the PWD on 07/08/2020, pursuant whereto, they had joined in the said posts. Since then, the petitioners are serving as Section Assistants under the establishment of Public Works Department, Government of Assam, against their temporary appointments. The grievance of the petitioners is that despite the lapse of nearly 23 years since their initial appointment, the services of the petitioners have not been regularized till today. Mr. Sahad, learned counsel for the petitioners has submitted that the petitioners have submitted various representations, including those, before the highest executive authority of the State, seeking Redressal of their grievances. However, despite running from pillar to post, no action has been taken by the authorities in the matter, as a result of which, the services of the petitioners have not been regularized despite the lapse of nearly 23 years since their initial appointment. Page No.# 3/3 The departmental authorities have not filed any affidavit in this case but Mr. Dhar has obtained written instruction and produced the same before this Court. A perusal of the written instruction goes to show that the services of the petitioners could not be regularized due to the decision of the Division Bench of this Court rendered in the case of Upen Das and 836 others Vs. State of Assam and others. Mr. Dhar, however, submits that the petitioners would be entitled to all the benefits as may be permissible within the scope and ambit of the decision rendered by the Division bench in the case of Upen Das (Supra) including the minimum of pay scale and other service benefits. If that be so, the respondent authorities would be required to pass appropriate orders to that effect, without any further delay in the matter. This writ petition is, therefore, being disposed of by directing the respondents to pass appropriate orders granting service benefits to the petitioners, as may be permissible, under the law. This exercise be complete within 90 (ninety) days from today. After issuance of individual orders in case of each of the petitioners, if they are still dissatisfied in the matter, it would be open to the petitioners to approach this Court once again, in accordance with law, if so advised. A certified copy of this order be produced before the concerned authority for doing the needful. With the above observation, the writ petition stands disposed of.

JUDGE

sukhamay

Comparing Assistant

PageoNo.#o1/3 GAHC010132912020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4020/2020o DHIRAJoNATHoANDo2oORS.o S/O.oLT.oBALLAVoNATH,oVILL.oSHANTIPUR,oP.O.oANDoP.S.oJAMUGURIHAT,o DIST.oSONITPUR,oASSAM,oPIN-784180. 2:oPRASANNAoSAIKIA oS/O.oLT.oNIRANJANoSAIKIA oVILL.oBAROBHUYAN oP.O.oANDoP.S.oSOOTEA oDIST.oBISWANATH oASSAM oPIN-784175. 3:oPULAKoBHUYAN oS/O.oHEMRAMoBHUYAN oR/O.oVILL.oGOPALPUR oP.O.oANDoP.S.oGOHPUR oDIST.oBISWANATH oASSAM oPIN-784168o VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REP.oBYoTHEoCOMM.oANDoSPL.oSECY.oTOoTHEoGOVT.oOFoASSAM,oPUBLICo WORKSo(ROADS)oDEPTT.,oDISPUR,oGUWAHATI-781006. 2:THEoUNDERoSECRETARY oTOoTHEoGOVT.oOFoASSAM oPUBLICoWORKSoDEPTT.oESTABLISHMENT-BoBRANCH oDISPUR oGUWAHATI-781006. 3:THEoEXECUTIVEoENGINEER Page No.# 2/3 PUBLIC WORKS DEPTT. SONITPUR RURAL ROAD DIVISION BISWANATH CHARIALI P.O. AND P.S. BISWANATH DIST. BISWANATH ASSAM PIN-784176 Advocate for the Petitioner : DR. B AHMED Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM