Gauhati High Court
Page No.# 1/5 vs The Union Of India And 6 Ors on 5 February, 2021
Page No.# 1/5
GAHC010011852021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/403/2021
CHAMPALAL GORH AND 59 ORS.
(JR. ASSTT.), S/O. LT. PURAN GORH, VILL. BARAKHAI TEA ESTATE, P.O. NIT
SILCHAR, P.S. SILCHAR, DIST. CACHAR, ASSAM.
2: SADHURAM NUNIA
(JR. ASSTT.)
S/O. LT. DASARAT NUNNIA
VILL. GHUNGOOR
P.O. REC
SILCHAR
DIST. CACHAR
ASSAM
PIN-788010.
3: SAHAB UDDIN LASKAR
(SR. ASSTT.) S/O. ANOR ALI LASKAR
VILL. DAKSHIN BARIK
NAGAR
P.O. REC
SILCHAR
DIST. CACHAR
ASSAM
PIN-788010.
4: SATYA NARAYAN YADAV
(RETD. JR. ASSTT.) S/O. LT. BISWA NATH YADAV
VILL. FAKIRTILLA
P.O. REC
SILCHAR
DIST. CACHAR
ASSAM
PIN-788010.
5: SHRI NILU KANTA PAUL @ NILU PAUL
Page No.# 2/5
JR. ASSTT.
S/O. SHRI NALINI KANTA PAUL
VILL. BHARAKHAI
P.O. SILCHAR
P.S. SILCHAR
DIST. CACHAR
ASSAM.
6: SWAPAN KR. DAS
JR. ASSTT.
S/O. LT. KALICHARAN DAS
VILL. BABUTILA
P.O. NIT SILCHAR
P.S. SILCHAR
DIST. CACHAR
ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECY., DEPTT. OF HUMAN RESOURCE DEVELOPMENT, NEW
DELHI-01, INDIA.
2:THE DIRECTOR CUM SECY.
NATIONAL INSTITUTE OF TECHNOLOGY
SILCHAR
CACHAR
(FORMERLY PRINCIPAL
REGIONAL ENGINEERING COLLEGE
SILCHAR)
ASSAM
PIN-788010.
3:THE NATIONAL INSTITUTE OF TECHNOLOGY
REP. BY ITS DIRECTOR CUM CHAIRMAN
CACHAR
SILCHAR
ASSAM
PIN-788010.
4:THE DIRECTOR CUM CHAIRMAN
BOARD OF GOVERNORS
NIT
SILCHAR
CACHAR
Page No.# 3/5
ASSAM
PIN-788010.
5:THE REGISTRAR
NATIONAL INSTITUTE OF TECHNOLOGY
SILCHAR
CACHAR
ASSAM
PIN-788010.
6:THE SECTION OFFICER
TS-III
C-WING
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVT. OF INDIA
SHASTRI BHAVAN
NEW DELHI-1.
7:THE STATE OF ASSAM
REP. BY THE SECY. TO THE GOVT. OF ASSAM
EDUCATION (CTM)
DEPTT.
DISPUR
GHY.-06
ASSAM
Advocate for the Petitioner : MR A DASGUPTA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05-02-2021
Heard Mr. A. Dasgupta, the learned senior counsel assisted by Mr. S.C. Biswas the
learned counsel for the petitioners. Also heard Mr. S.P. Choudhury, the learned counsel for the
respondent Nos. 2, 3, 4 and 5.
Page No.# 4/5
2. The petitioners' case is that they have been working as Muster Roll employees in the
NIT, Silchar for 30 to 40 years. Being aggrieved with the advertisement dated 07.03.2019,
issued by the respondents for filling up the vacant posts of Senior Assistant/ Junior Assistant
lying vacant in the NIT, Silchar, the petitioners filed the present writ petition on the ground
that the said vacancies should have been utilized for regularizing their service.
3. Mr. A. Dasgupta, the learned senior counsel for the petitioners submits that as on date,
the selection process for filling up the vacant posts of Senior Assistant/ Junior Assistant has
concluded. He accordingly submits that the petitioners' prayer for regularization on that score
has become infructuous. However, he prays that as the petitioners' duties and responsibilities
as Cook-cum-Helper and Sweeper are the same as that of regular employees in the NIT,
minimum pay scale should also be given to them in terms of the Judgment of the Apex Court
in the case of State of Punjab Vs. Jagjit Singh, reported in (2017) 1 SCC 148.
4. Mr. S.P. Choudhury, the learned counsel for the respondent Nos. 2, 3, 4 and 5 submits
that the respondents will examine the prayer of the petitioner in light of the judgment quoted
above.
5. In view of the fact that the selection process for filling up the vacant posts of Senior
Assistant/Junior Assistant in terms of the Advertisement dated 17.03.2019 has concluded, the
writ petition is closed as infructuous. However, the respondent Nos. 2, 3, 4 and 5 are directed
to examine and consider whether the petitioners can be given the minimum scale of pay in
terms of the Judgment of the Apex Court in the case of State of Punjab Vs. Jagjit Singh
(Supra). The same should be done within a period of six months from the date of receipt of a
copy of this order.
Page No.# 5/5
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
