Biren Das v. The State of Assam and 6 Ors

ORDER

03.04.2024 Heard Shri AR Sikdar, learned counsel for the petitioner. Also heard Shri P. Nayak, learned Standing Counsel, PWD.

¶2The facts projected in this writ petition is that the petitioner has been serving as Muster Roll Worker in the PWD since 14.03.1992. In this connection, a certificate dated 24.01.2006 has been annexed to the writ petition. It is the specific case of the petitioner that while 88 numbers of similarly situated Muster Roll Labourers were regularized in their services vide an order dated

05.10.2005, the petitioner was left out. It is submitted that the beneficiaries of the said order dated 05.10.2005 were engaged prior to 01.04.1993 and few of them are also junior to the petitioner. Accordingly, the petitioner has prayed for Page No.# 3/4 regularization of his service in terms of the benefits given to the similarly situated persons vide the order dated 05.10.2005.

¶3The contention of the Department represented by Shri P. Nayak, learned Standing Counsel, on the other hand, is that the issue has been settled by the Hon'ble Division Bench of this Court in the case of State of Assam Vs. Upen Das reported in 2017 4 GLR 493. Shri Nayak, learned Standing Counsel has referred to the issue which was under consideration as reflected in the paragraph 14 of the judgment. The directions passed by the Hon'ble Division Bench in the said judgment while allowing the appeal are extracted hereinbelow- "22. It is, however, heartening to learn that the State Government has agreed not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences. The State Government has also agreed to enlist such employees in Health and Accidental and Death Insurance Scheme, which will be prepared in consultation with the State Cabinet. We appreciate this positive stand of the State Government taken as welfare measures for the betterment and security of the employees, in question. We, accordingly, direct the State Government to implement the measures without further delay. Besides this, we, in the light of decision of the Supreme Court in State of Punjab vs. Jagjit Singh, (2017) 1 SCC 148, also direct the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 1.8.2017. Page No.# 4/4

¶23For these reasons, we are of the view that in the fact situation of the case, Muster Roll workers, Work Charged workers and Casual workers are not entitled for regularization of their services with consequential benefits, such as, pension etc. We, accordingly, subject to our direction in paragraph 22 of the judgment, allow the appeal and set aside the impugned judgment and order dated 20.12.2013 passed by the learned Single Judge."

¶4This Court is of the considered opinion that when the issue involved in this case is squarely covered by the aforesaid judgment, there is no scope or requirement to reopen the said issue. Accordingly, this writ petition is disposed of by directing that the observations made by the Hon'ble Division Bench in the case of Upen Das (supra) would be squarely applicable to the case of the petitioner.

¶5The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010243042022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7754/2022o BIRENoDASo S/O-LATEoKAMDEVoDASo,o PERMANENToR/O-oKANAKoKUCHI,WARDoNO-21,o P.OoANDoDIST-oBARPETA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PWDo(BUILDING),oDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoCHIEFoENGINEER oPWDo(BUILDING) oASSAM oCHANDMARI oGUWAHATI-03 3:THEoSUPERINTENDINGoENGINEER oPWDo(BUILDING) oCIRCLE-I oFANCYoBAZAR oGUWAHATI-01 4:THEoEXECUTIVEoENGINEER oPWD oPCC oSUBoDIVISION oDISPUR oGUWAHATI-06 5:THEoASTT.oEXECUTIVEoENGINEER oPWD Page No.# 2/4 PCC SUB DIVISION DISPUR GUWAHATI-06 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6 7:THE ACCOUNTANT GENERAL ASSAM MAIDAMGAON BELTOLA GHY-2 Advocate for the Petitioner : MR. A R SIKDAR Advocate for the Respondent : SC, P W D BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI