Gauhati High Court
Page No.# 1/33 vs The State Of Assam And 4 Ors on 18 May, 2021
Page No.# 1/33
GAHC010316032019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/9451/2019
KULADHAR TALUKDAR AND 8 ORS.
S/O LT. KANDARPA TALUKDAR, VILL. KRISHNA NAGAR, A.E.I. ROAD, P.O.
CHANDMARI, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN-781003, PH. NO.
8486881785
2: MONORANJAN DAS
S/O SHRI BHABENDRA NATH DAS
L.N.B. PATH
HATIGAON
P.O. - HATIGAON
GUWAHATI
DISTRICT- KAMRUP(M)
ASSAM
PIN-781038
PH. NO. 9864097814
3: GOLAP DAS
S/O SHRI HARENDRA NATH DAS
VILLAGE - KAHIBARI
P.O.- PATBAUSI
DISTRICT- BARPETA
ASSAM
PIN- 781314
PH. NO.9854774362
4: PRADIP SARMA
S/O LATE RUPESWAR SARMA
Page No.# 2/33
VILLAGE - DHARAPUR
P.O. - AZARA
DISTRICT- KAMRUP
ASSAM
PIN- 781017
PH. NO. 9365466861.
5: JATIN SARMA
S/O LATE KRISHNA KANTA SARMA
VILLAGE - BHAKUATAPA
P.O. - RAULI
DISTRICT- BARPETA
ASSAM
PIN- 781309
PH. NO.9957654835.
6: ATUL CHANDRA DAS
S/O SHRI SAJLU RAM DAS
VILLAGE - KURUA P.O.-KURUA
DISTRICT- DARRANG
ASSAM
PIN- 784145
PH. NO.8474046897.
7: PHUL KUMARI DEVI
D/O - DHARMA KANTA SARMA
VILLAGE - GOWALJHAR
P.O.-DHEKIPARA
P.S. SIPAJHAR
DISTRICT- DARRANG
ASSAM
PIN- 781029
PH. NO. 6001071675
8: BASANTA KR. CHOUDHURY
S/O LATE UMARAM CHOUDHRY
VILLAGE - BUMAKHATA
P.O.- PATTCHAKUCHI
Page No.# 3/33
DISTRICT- BARPETA
ASSAM
PIN- 781325
PH. NO. 9435407718
9: NAGENDRA NATH SARMAH
S/O LATE TARANATH SARMAH
VILLAGE - PANIGAON
P.O. - PANIGAON
P.S. - BELCHAR
DISTRICT- NALBARI
ASSAM
PIN- 781303
PH. NO. 848645851
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR,
GUWAHATI - 781006.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
PERSONAL (B) DEPARTMENT
DISPUR
GUWAHATI- 781006
4:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
CHANDMARI
GUWAHATI- 3.
5:THE EXECUTIVE ENGINEER
WATER RESOURCE DEPARTMENT
GUWAHATI EAST WATER RESOURCE DIVISION
GUWAHATI-08
Advocate for the Petitioner : MR. M BHAGABATI
Page No.# 4/33
Advocate for the Respondent : SC, WATER RESOURCE
Linked Case : WP(C)/8602/2019
KHANINDRA DEKA
S/O LATE HARI CHANDRA DEKA
R/O- SANTIPUR
MANGALDOI
DIST- DARRANG
ASSAM
PIN- 784125.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.-06.
2:THE SECY. TO THE GOVT. OF ASSAM
WATER RESOURCE DEPTT.
DISPUR
GHY.-06.
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
GOVT. OF ASSAM
CHANDMARI
GHY.-03.
4:THE EXECUTIVE ENGINEER
MANGALDAI WATER RESOURCE DIVISION
MANGALDAI.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WP(C)/1400/2020
RAM PRASAD SARMAH @ RAM PD. SARMA
S/O- LT. CHABILAL SHARMA
R/O- PALTAN BAZAR
P.O. JALANNAGAR
PIN- 786005
DIST.- DIBRUGARH
ASSAM.
Page No.# 5/33
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
2:THE SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 06.
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GHY.- 03.
4:THE EXECUTIVE ENGINEER
JORHAT MECHANICAL
WATER RESOURCES DIVISION
JORHAT-14.
5:THE COMMITTEE CONSTITUTED FOR EARMARKING PERCENTAGE OF
VACANCIES IN GRADE-III
TO BE FILLED UP ON PROMOTION FROM GRADE-IV
REP. BY ITS CHAIRMAN
O/O. THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
------------
Advocate for : MR. J P DAS
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/5743/2020
SUBHASISH DAS
S/O- SURENDRA KUMAR DAS
R/O- OLD MISSION ROAD
P.O. AND P.S. KARIMGANJ
DIST.- KARIMGANJ
ASSAM- 788710
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. ASSAM
Page No.# 6/33
WATER RESOURCES DEPTT.
DISPUR
GHY-06
2:THE SECY. TO THE GOVT. ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY-06
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GHY-03
4:THE EXECUTIVE ENGINEER
WATER RESOURCES DIVISION
KARIMGANJ
GHY-788710
5:THE COMM. AND SECY.
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-06
6:THE COMM. AND SECY.
TO THE GOVT. OF ASSAM
PERSONNEL (B) DEPTT.
DISPUR
GHY-06
7:THE COMMITTEE CONSTITUTE FOR EARMARKING PERCENTAGE OF
VACANCIES
IN GRADE III TO BE FILED UP ON PROMOTION FROM GRADE-IV REP. BY
ITS CHAIRMAN
OFFICE OF THE COMM. AND SECY. TO THE GOVT. ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY
ASSAM
PIN- 781006
------------
Advocate for : MR H R A CHOUDHURY
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 6 ORS.
Linked Case : WP(C)/8072/2019
SALAMUDDIN AHMED AND 4 ORS.
S/O LT. ALI AKHTAR ALI
R/O HAJO
Page No.# 7/33
MUSLIM PATTY
P.O. AND PS. HAJO
KAMRUP
ASSAM
PIN-781102
2: MADHAB DEKA
S/O LT. KHITISH CHANDRA DEKA
R/O DURGA SAROBAR
GUWAHATI
KAMRUP
ASSAM
PIN-781009
3: SABITRI DAS
W/O MUKUL CHAMUA
R/O RUDRESWAR
NORTH GUWAHATI
KAMRUP
ASSAM
PIN-781030
4: HITENDRA SARMA
S/O LT. BISWANATH SARMA
R/O PUTHIMARI HARIPUR
KAMRUP
ASSAM
PIN-781382
5: ANJUMONI SARMAH
W/O PRADIP CHAKRAVORTY
R/O BASISTHA RIVER RESEARCH COLONY
GUWAHATI
KAMRUP
ASSAM
PIN-781029
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT. DISPUR
GUWAHATI-781006
2:THE SECRETARY
TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT. DISPUR
GUWAHATI-781006
3:THE CHIEF ENGINEER
Page No.# 8/33
WATER RESOURCES DEPTT. GOVT. OF ASSAM
CHANDMARI
GUWAHATI-781003
4:THE EXECUTIVE ENGINEER
GUWAHATI WEST WATER RESOURCE DIVISION
BHARALUMUKH
GUWAHATI-781009
5:THE COMMITTEE
CONSTITUTED FOR EARMARKING PERCENTAGE OF VACANCIES IN
GRADE III TO BE FILLED UP ON PROMOTION FROM GRADE -IV
REP .BY ITS CHAIRMAN
OFFICE OF THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
ASSAM
WATER RESOURCE DEPTT. DISPUR
GUWAHATI-781006
6:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/9374/2019
BALAY DAS AND 6 ORS.
S/O. LT. LANKESWAR DAS
R/O. VILL. PURAN GALIA GATHIYAPARA
BARPETA
PIN-781352.
2: MAJIBAR RAHMAN
S/O. LT. RAFIQUE ALI
R/O. VILL. TENGAGAON
SORBHOG
DIST. BARPETA
PIN-781317.
3: MANOMOHAN BAYAN
S/O. LT. MATURA BAYAN
VILL. SARUPETA
BARPETA
PIN-781318.
4: AJIT KUMAR BARUAH
Page No.# 9/33
S/O. LT. KESHAB CHANDRA BARUAH
VILL. KUROBAHA
BARPETA
PIN-781352.
5: AHAL KHAN
S/O. LT. KALU KHAN
R/O. JOTI GAON
BARPETA
PIN-781301.
6: KANDARPA CHOUDHURY
S/O. LT. SARAT CHOUDHURY
VILL. BARBANG
BAMUNPARA
BARPETA
PIN-781325.
7: PABITRA KUMAR PATHAK
S/O. LT. SARAT CHANDRA PATHAK
R/O. PATHAK HATI
NEAR BARPETA XATRA
BARPETA
PIN-781301.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCE DEPTT.
DISPUR
GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-781006.
3:THE SECRETARY
TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GUWAHATI-781006.
4:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
GOVT. OF ASSAM
CHANDMARI
GUWAHATI-781003.
Page No.# 10/33
5:THE EXECUTIVE ENGINEER
BARPETA WATER RESOURCE DIVISION
BARPETA.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/1357/2020
DURGESWAR BORA @ DURGESWAR BORAH
S/O- LT. SARURAM BORA
R/O- CHANDMARIGHAT
PALTANBAZAR
P.O. JALANNAGAR
P.S. BORBARI
PIN- 786005
DIST.- DIBRUGARH
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
2:THE SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 06.
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GHY.- 03.
4:THE EXECUTIVE ENGINEER
JORHAT MECHANICAL
WATER RESOURCES DIVISION
JORHAT-14.
5:THE COMMITTEE CONSTITUTED FOR EARMARKING PERCENTAGE OF
VACANCIES IN GRADE-III
TO BE FILLED UP ON PROMOTION FROM GRADE-IV
REP. BY ITS CHAIRMAN
O/O. THE COMM. AND SECY. TO THE GOVT. OF ASSAM
Page No.# 11/33
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
------------
Advocate for : MR. J P DAS
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/1673/2020
BISWA BORDOLOI AND 19 ORS.
S/O LT. JOGEN BORDOLOI
R/O TORAJAN SONARI GAON
P.O. JORHAT
PIN-785001
DIST. JORHAT
ASSAM
2: HEMA KANTA DUARAH
S/O PUNESWAR DUARAH
R/O CHARING DUARAH PAR
P.O. CHARING
PIN-785644
DIST. SIVASAGAR
ASSAM
3: MRIDUPABAN DAS
S/O BHELURAM DAS
R/O SILIKHABARI
PIN-785630
DIST. JORHAT
ASSAM
4: BINUD BURAGOHAIN
S/O LT. RUPESWAR BURAGOHAIN
VILL. BANMUKH DEHINGIA GOAN
P.O. BANMUKH
PIN-785640
DIST. SIVASAGAR
ASSAM
5: BITUL CH. DUTTA
S/O LT. JIBESWAR DUTTA
R/O DEKHOWMUKH BHORALUA GAON
P.S. AMGURI
PIN-785664
Page No.# 12/33
DIST. SIVASAGAR
ASSAM
6: BIREN PAYENG
S/O LT. SUKURA PAYENG
R/O 1 NO. BARUN CHUCK
P.O. 1 NO. BORGAYA
PIN-785104
DIST. JORHAT
ASSAM
7: DHIREN BORAH
S/O LT. BETHARAM BORAH
R/O VILL. DA-GAYAN GAON
P.O. DHEKORGORA
PIN-785015
DIST. JORHAT
ASSAM
8: SUKHIRAM GOGOI
S/O LT. MONIRAM GOGOI
MOTHADANG GAON
P.O. DEMOWMUKH
PIN-785640
DIST. SIVASAGAR
ASSAM
9: PULIN SAIKIA
S/O LT. BUBAI SAIKIA
R/O NATUN BALIGAON
P.O. KOKILAMUKH
PIN-785108
DIST. JORHAT
ASSAM
10: AMRIT CHETIA
S/O BOLORAM CHETIA
R/O MOGRAHAT CHETIA GAON P.O. MOGRAHAT PIN-785666
DIST. SIVASAGAR
ASSAM
11: RANA KUMAR BOIRAGI
S/O LILAKANTA BOIRAGI
R/O MOGRAHAT CHETIA GAON
P.O. MOGRAHAT
PIN-785666
DIST. SIVASAGAR
Page No.# 13/33
ASSAM
12: DWIJENDRA NATH DIHINGIA
S/O DHANESWAR DIHINGIA
R/O RAJGARH UDAYAN PATH
P.O. RAJGARH UDAYAN PATH
P.O. RAJGARH
PIN-786611
DIST. DIBRUGARH
ASSAM
13: ANOL CH. SAIKIA
S/O LT. MOLOKA SAIKIA
R/O GAURISAGAR NA KATHANI GAON
P.O. SILPUKHURI
PIN-785664
DIST. SIVASAGAR
ASSAM
14: HEM SARMAH
S/O LT. BHADRALAL SARMAH
R/O RAJABARI E AND D COLONY
P.O. RAJABARI
PIN-785014
DIST. JORHAT
ASSAM
15: MRIDUL KUMAR BARUAH
S/O LT. AKON CH. BARUAH
R/O RAJABARI JORHAT
P.O. RAJABARI
PIN-785014
DIST. JORHAT
ASSAM
16: BIREN GOGOI
S/O LANKESWAR GOGOI
R/O MOTHADANG GAON
P.O. DHULIAPAR
PIN-785640
DIST. SIVASAGAR
ASSSAM
17: BOPARAM BORAH
S/O LT. MOHAN BORAH
R/O JORHAT
ELD COLONY
RAJABARI
Page No.# 14/33
JORHAT
PIN-785014
DIST. JORHAT
ASSAM
18: DURGESWAR HAZARIKA
S/O LT. BOGIRAM HAZARIKA
R/O MELENG BORKHOLIA
P.O. BORKHOLIA
PIN-785101
DIST. JORHAT
ASSAM
19: DILIP KR. BORAH
S/O LT. BOGIRAM HAZARIKA
R/O NAPAMUA GAON
P.O. KALIANI
PIN-785015
DIST. JORHAT
ASSAM
20: SUSHIL TAMULI
S/O LT. KANTHIRAM TAMULI
LAKHIMIKHAT GAON
P.O. KALIANI
PIN-785018
DIST. JORHAT
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT. DISPUR
GUWAHATI-781006
2:THE SECRETARY
TO THE GOVT. OF ASSAM WATER RESOURCES DEPTT. DISPUR
GUWAHATI-781006
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT. GOVT. OF ASSAM
CHANDMARI
GUWAHATI-781003
4:THE EXECUTIVE ENGINEER
JORHAT MECHANICAL WATER RESOURCES DIVISION
JORHAT-14
ASSAM
5:THE COMMISSIONER AND SECRETARY
Page No.# 15/33
TO THE GOVT. OF ASSAM
FINANCE DEPTT. DISPUR
GHY-6
ASSAM
------------
Advocate for : MS D BORGOHAIN
Advocate for : MR. G.GOGOI(SC
FINANCE) appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/25/2020
DILIP KUMAR SARMAH
S/O-LATE DHARMA KANTA SARMAH
SANTIPATH
2ND BYELANE
R G BARUAH ROAD
P.O- ZOO ROAD
P.S- GEETANAGAR
DISTRICT KAMRUP
ASSAM
PIN- 781024
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
WATER RESOURCE DEPARTMENT
ASSAM
DISPUR
GUWAHATI 781006
2:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
CHANDMARI
GUWAHATI- 03
3:THE EXECUTIVE ENGINEER
WATER RESOURCE DEPARTMENT
GUWAHATI EAST DIVISION
GUWAHATI -08
4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
Page No.# 16/33
GUWAHATI 06
------------
Advocate for : K U AHMED
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 3 ORS
Linked Case : WP(C)/1365/2020
GHANA DUTTA
S/O LT. PHONIDHAR DUTTA
R/O PALTANBAZAR
P.O. JALANNAGAR
PIN-786005
DIST. DIBRUGARH
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT. DISPUR
GUWAHATI-6
2:THE SECRETARY
TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT. DISPUR
GUWAHATI-6
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT. CHANDMARI
GUWAHATI-3
4:TTHE EXECUTIVE ENGINEER
JORHAT MECHANICAL
WATER RESOURCES DIVISION
JORHAT-14
5:THE COMMITTEE CONSTITUTED FOR EARMARKING PERCENTAGE OF
VACANCEIES IN GRADE-III
TO BE FILLED UP ON PROMOTION FORM GRADE IV
REP BY ITS CHAIRMAN
OFFICE OF THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
ASSAM
WATER RESOURCES DEPTT. DISPUR
GUWAHATI-781006
------------
Advocate for : MR. J P DAS
Advocate for : SC. WATER RESOURCE DEPTT. appearing for THE STATE OF
Page No.# 17/33
ASSAM AND 4 ORS.
Linked Case : WP(C)/8688/2019
JATISH CHANDRA BORA AND 2 ORS.
S/O- LT BHUGDHAN BORA
R/O- HATIPARA
DIST- NAGAON
PIN- 782003
2: AFTABUL HAQUE
S/O- LT ABU KAYES
R/O- PURANIGUDUM
DIST- NAGAON
PIN- 782141
3: ATAUR RAHMAN
S/O- JIYAUL HAQUE
R/O- FAUZDARI PATTY
DIST- NAGAON
PIN- 782003
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY-06
2:THE SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY-06
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
GOVT. OF ASSAM
CHANDMARI
GHY-03
4:THE EXECUTIVE ENGINEER
NAGAON WATER RESOURCE DIVISION
NAGAON
5:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006
Page No.# 18/33
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WP(C)/1372/2020
UMA KANTA DAS
S/O- DONDESWAR DAS
R/O- PALTANBAZAR
P.O. JALANNAGAR
P.S. BORBARI
PIN- 786005
DIST.- DIBRUGARH
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
2:THE SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 06.
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GHY.- 03.
4:THE EXECUTIVE ENGINEER
JORHAT MECHANICAL
WATER RESOURCES DIVISION
JORHAT-14.
5:THE COMMITTEE CONSTITUTED FOR EARMARKING PERCENTAGE OF
VACANCIES IN GRADE-III
TO BE FILLED UP ON PROMOTION FROM GRADE-IV
REP. BY ITS CHAIRMAN
O/O. THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
------------
Page No.# 19/33
Advocate for : MR. J P DAS
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/1355/2020
MUHIDHAR GOGOI
S/O- LT. LAKHSWAR GOGOI @ LAKHESWAR GOGOI
R/O- BACKSIDE OF WATER RESOURCE OFFICE
PALTAN BAZAR
P.O. JALANNAGAR
P.S. BORBARI
PIN- 786005
DIST.- DIBRUGARH
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
2:THE SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 06.
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GHY.- 03.
4:THE EXECUTIVE ENGINEER
JORHAT MECHANICAL
WATER RESOURCES DIVISION
JORHAT-14.
5:THE COMMITTEE CONSTITUTED FOR EARMARKING PERCENTAGE OF
VACANCIES IN GRADE-III
TO BE FILLED UP ON PROMOTION FROM GRADE-IV
REP. BY ITS CHAIRMAN
O/O. THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
------------
Page No.# 20/33
Advocate for : MR. J P DAS
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/1374/2020
RATUL SARMAH @ RATUL SHARMAH
S/O- MANIK CH SARMAH
R/O- PALTAN BAZAR
P.O- JALANNAGAR
PIN- 786005
DIST- DIBRUGARH
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
WATER RESOURCES DEPTT
DISPUR
GUWAHATI- 781006
2:THE SECRETARY TO THE GOVT OF ASSAM
WATER RESOURCES DEPTT
DISPUR
GUWAHATI- 781006
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT
CHANDMARI
GUWAHATI- 781003
4:THE EXECUTIVE ENGINEER
JORHAT MECHANICAL
WATER RESOURCES DIVISION
JORHAT- 14
5:THE COMMITTEE
CONSTITUTED FOR EARMARKING PERCENTAGE OF VACANCIES IN
GRADE III TO BE FILLED UP ON PROMOTION FROM GRADE IV REP. BY ITS
CHAIRMAN OFFICE OF THE COMMISSIONER AND SECRETARY TO THE
GOVT OF ASSAM
WATER RESOURCES DEPTT
DISPUR
GUWAHATI- 781006
------------
Advocate for : MR J P DAS
Advocate for : SC
Page No.# 21/33
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/1371/2020
PRIYA DUTTA
S/O- LT. MOKAR DUTTA
R/O- RAIL LINE MAIJAN ROAD
PALTANBAZAR
P.O. JALANNAGAR
P.S. BORBARI
PIN- 786005
DIST.- DIBRUGARH
ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
2:THE SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 06.
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GHY.- 03.
4:THE EXECUTIVE ENGINEER
JORHAT MECHANICAL
WATER RESOURCES DIVISION
JORHAT-14.
5:THE COMMITTEE CONSTITUTED FOR EARMARKING PERCENTAGE OF
VACANCIES IN GRADE-III
TO BE FILLED UP ON PROMOTION FROM GRADE-IV
REP. BY ITS CHAIRMAN
O/O. THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY.- 781006.
------------
Advocate for : MR. J P DAS
Advocate for : SC
Page No.# 22/33
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS.
Linked Case : WP(C)/1397/2020
NIREN SARMAH @ NIREN SARMA
S/O- LT. TILAK SARMAH
R/O- PALTANBAZAR
P.O. JALANNAGAR
PIN- 786005
DIST.- DIBRUGARH
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY-06
2:THE SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY-06
3:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
CHANDMARI
GHY-03
4:THE EXECUTIVE ENGINEER
JORHAT MECHANICAL
WATER RESOURCES DIVISION
JORHAT-14
5:THE COMMITTEE CONSTITUTED FOR EARMARKING PERCENTAGE OF
VACANCIES IN GRADE-III
TO BE FILLED UP ON PROMOTION FROM GRADE-IV REP. BY ITS
CHAIRMAN
OFFICE OF THE COMM. AND SECY. TO THE GOVT. OF ASSAM
WATER RESOURCES DEPTT.
DISPUR
GHY-06
------------
Advocate for : MR. J P DAS
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS.
Page No.# 23/33
BEFORE
HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
Dates of hearing : 23.04.2021
Date of judgment : 18.05.2021
JUDGMENT & ORDER (CAV)
1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R.M.
Deka, Advocate for the petitioners in WP(C) 8072/2019, WP(C) 8602/2019,
WP(C) 8688/2019 and WP(C) 9374/2019; Mr. M. Bhagabati, learned counsel for
the petitioners in WP(C) 9451/2019, Mr. K.U. Ahmed, learned counsel for the
petitioners in WP(C) 25/2020; Mr. J.P. Das, learned counsel for the petitioners in
WP(C) 1355/2020, WP(C) 1357/2020, WP(C) 1365/2020, WP(C) 1371/2020,
WP(C) 1372/2020, WP(C) 1374/2020, WP(C) 1397/2020 & WP(C) 1400/2020
and Ms. D. Borgohain, learned counsel for the petitioners in WP(C) 1673/2020.
Also heard Mr. B. Goswami, learned Addl. A.G., Assam, assisted by Ms. S.
Chutia, Advocate and Mr. B. Gogoi, learned Standing Counsel, Finance
Department.
2. The challenge made in the bunch of writ petitions is to the office order
dated 25.11.2013 issued by the respondent No. 1, the order dated 28.08.2017
issued by the respondent No. 2 and the letter dated 28.09.2018 issued by the
Chief Engineer, Water Resource Department, by which a decision has been
taken to the effect that the regularized Muster Roll labourers and Work Charge
Page No.# 24/33
labourers, who have been regularized against post which are made personal to
them, cannot be promoted in terms of the Assam Ministerial District
Establishment Service Rules, 1967.
3. The case of the petitioners is that they were initially working as Muster
Roll Labourers and Work-Charge Labourers in the Water Resource Department
prior to 01.04.1993. Thereafter, consequent to a decision taken by the State
Government, their services were regularized in the year 2005 vide various
orders. The regularization orders of the petitioners stated that the posts to
which they had been regularized, was personal to the respective workers
(petitioners) holding the post and would stand abolished automatically, as soon
as he relinquishes his post in any manner. Subsequently, the petitioners were
promoted from Grade-IV posts to Grade-III posts. Some were even given
further promotion. However, vide various orders issued over different years, the
petitioners in some of the writ petitions have been reverted back to the post in
which they were regularized, on the ground that they had been wrongfully
promoted. The petitioners in several other writ petitions have challenged the
show-cause notice issued to them, asking them as to why they should not be
reverted back from their promotional posts, to the post they were regularized in.
4. The petitioners' case is that as they have been duly promoted and
have been serving in the promotional post for a number of years, they could not
be reverted back to their original posts. On the other hand, the case of the
respondents is that persons who have been regularized against personal post
cannot be promoted, as the personal posts were ex-cadre post and as such, an
ex-cadre post cannot be a feeder post for promotion to a cadre post. In support
of their submission, the respondents have relied upon decisions of this Court in
Page No.# 25/33
WP(C) 4254/2014 and WP(C) 2416/2014, wherein this Court had upheld the
submission of the State respondents and the judgment of the Single Judge had
been upheld by the Division Bench of this Court in the case of Sri Dilip
Talukdar and 21 Others vs State of Assam and 5 Others, reported in
2017 2 (GLT) 135.
5. The counsels for the petitioners submit that while some petitioners
have been promoted twice, one of them has been promoted thrice. They have
also been given increments. Further, the promotions were done by the Water
Resource Department in public interest. They also submit that the AH &
Veterinary Department, Govt. of Assam have taken a decision to make Work-
charged and Muster Roll workers eligible to all benefits, including promotion,
as per the prevailing Government Rules. As the Govt. cannot speak in two
voices, the reversion of the petitioners to their original posts cannot be done in
the absence of statutory rules.
6. Mr. K.N. Choudhury, learned senior counsel submits that there is
no concept of personal post though there is a concept of personal pay. He
submits that a reading of Rules 9(4), 9(22), 9(23), 9(30) and 9(30-A) of the
Fundamental Rules would go to show that there is no concept of personal post
in the Government service and only personal pay.
The senior counsel submits the expressions 'personal post' is a misnomer,
inasmuch as, FR 9(23) speaks of personal pay. As provided in FR 9(23) personal
pay is granted to a Government servant to save him from loss of substantive
pay in respect of a permanent post other than a tenure post due to Revision of
Pay or due to any reduction of such substantive pay otherwise than as a
Page No.# 26/33
disciplinary measure, or in exceptional circumstances or for other personal
considerations. Having regard to the meaning of personal pay defined in FR
9(23) and also having regard to the right to be considered for promotion, which
has now been elevated to that of a fundamental right, the stipulation in the
impugned order dated 25.11.2013 that regularized WC and MR workers cannot
be considered for promotion as per the Assam Ministerial District Establishment
Service Rules, 1967 is wholly arbitrary, discriminatory and capricious and hence
the same cannot withstand judicial scrutiny. In any case, the right of the
petitioners to be considered for promotion cannot be taken away by any
executive fiat.
7. He also submits that the petitioners being regularized Government
servants, there cannot be discrimination between persons who have been
appointed to regular posts and those who have been regularized against
personal posts. He submits that both the categories of Government servants
would have a right to be considered for promotion, which is a fundamental
right.
8. The senior counsel also submits that as the regularization orders of the
petitioners states that their services have been regularized in the respective
cadre, the petitioners services have been regularized in their respective cadres,
which is against Grade-IV post. He also submits that the Office Order dated
25.11.2013 has provided for filling up of 10% of Grade-III (SA) post from
Grade-IV (Khalasi) employees. As the right to be considered for promotion is a
fundamental right, the petitioners have a right to be considered and promoted
within 10% quota of Grade-III (SA) post reserved for Grade-IV employees.
Page No.# 27/33
9. The petitioners counsels submit that the petitioners
had initially approached this Court vide WP(C) 6121/2017, when the respondent
authorities were intending to revert back the petitioners to their original Grade-
IV posts, on the ground that they were not entitled to be promoted, as they
were regularized against the personalized post. WP(C) 6121/2017 was disposed
of vide order dated 25.10.2017, wherein this Court passed a direction that in
the event the respondent authorities intended to revert the petitioners back to
their original posts, the same may be done after issuing show cause notice to
the petitioners. The operative portion of the Order dated 25.10.2017 passed by
this Court in WP(C) No. 6121/2017 is in paragraph 10 and 14, which are as
follows:
".............
10. Mr. Nayak, learned counsel on the other hand also makes a submission
that in the aforesaid judgment, this Court had also held that although before the
reversion, the two petitioners therein, ought to have been put on notice, but at the
same time, it also cannot be over looked that given the factual scenario even if
opportunity of hearing would have been granted, it would have made no material
difference to the final outcome of the reversion. The said observation of this Court was
obviously in reference to a factual situation that the petitioners involved in the other
two writ petitions were regularized against the personalized posts. But in the instant
case, although the Office Memorandum dated 20.10.2005 provides that the muster roll
workers would be regularized against the posts sanctioned for such regularization and
therefore, the posts so sanctioned, would be personal to the respective muster roll
workers, but there is no such factual determination in the present case as to whether
the petitioners were also regularized against any personalized posts or they were
regularized against any regular sanctioned posts.
....................
Page No.# 28/33
14. In such view of the matter, this writ petition stands disposed of by providing
that in the event the respondent authorities intend to revert the petitioners back to
their original post, the same be done after issuing show cause notice to the petitioners
and the petitioners would be at liberty to take any stand that they may desire to do.
Upon such show cause notice being given and the petitioners reply being obtained, an
appropriate speaking order be passed thereon and the respondent authorities shall be
at liberty to take any decision as may bejustified under the law."
10. The further stand of the petitioners is that though the respondents issued
notices intending to revert the petitioners to Grade-IV posts, they have not
passed any speaking order, prior to reverting the petitioners to their original
posts as stipulated in the order dated 25.10.2017 passed in WP(C) No.
6121/2017. They accordingly pray that the notices intending to revert back the
petitioners to their original posts and the orders reverting the petitioners to their
original posts should be set aside.
11. Mr. B. Goswami, learned Addl. A.G., Assam submits that the regularization
of the petitioners in the first instance was de-hors the Rules, as regularization
is not a mode of recruitment. It was due to various requests made by the
petitioners that a concession was given by the State Government, by which their
services were regularized on humanitarian grounds, wherein regularization was
made in excess of the sanctioned strength without the Government giving
reference to their actual requirement or eligibility of the petitioners. The only
requirement made by the Government for regularization of MR and WC
employees was that they should have been in service on or before 01.04.1993.
The Addl. A.G. submits that the regularization of the petitioners' service has
been made in respect of post, which are personal to them and the same are not
substantive posts. They will automatically be abolished after the concerned
Page No.# 29/33
person leaves the post. He also submits that as per the full bench judgment of
this Court in the case of Jitendra Kalita and Others vs. State of Assam
and Others, reported in 2006 (2) GLT 654, the full bench had held that
".........Inclusion, in the Muster Roll or engagement against specific works does not
follow adherence to any acceptable principle of recruitment in public service. The
eligibility, suitability and fitness of such employees are hardly decided at the time of
their induction. That is precisely why Courts had frowned upon the continuance of
such employment for long as long employment, by itself, have always given rise to
claims for regularisation. Regularisation not being a mode of appointment and the
existence of a large work force under the State on an uncertain basis, having been
perceived by all concerned, to be posing a human problem. Courts have repeatedly
emphasized that the State must make all endeavours not to allow the and situation to
go out of hand so as to become Constitutional aberration".
12. He also submits that the words "respective cadre" used in the
regularization orders of the petitioners has been used to show that their salary
would be equivalent to Grade-IV post. He also submits that a further reading of
the regularization orders of the petitioners clearly states that the posts against
which the services of the petitioners have been regularized is personal to the
respective worker and would stand abolished as soon as he relinquishes the
post. He further submits that as the issue herein has already been decided by
the Single Bench and the Division Bench of this Court in Sri Dilip Talukdar
and 21 Others (supra), the present petitions should be dismissed.
13. Mr. B. Goswami, learned Addl. A.G., Assam submits that besides
the illegal promotions made to the petitioners, the promotions were made
without following any selection process by the respondents. Further, the
Page No.# 30/33
alleged three promotions made against the petitioner No. 1 in WP(C) No.
1673/2020 shows that he was promoted from one cadre/grade to the same
cadre/grade, which is impermissible, as the same cannot be said to be a
promotion. Further, they were temporary promotions, made dehors the Rules.
14. Mr. B. Gogoi, learned counsel for the Finance Department submits that
there is no requirement of retention orders for regular posts from the Finance
Department, while retention orders for personal post are required to be
approved by the Government, through the Finance Department every year. He
also submits that the regularization order of the petitioners has clearly stated
in the very first line that regularization has been done in pursuant to the
Finance Department, Government of Assam letter dated 22.08.2005, which at
Sl. No. 5 and 11 states as follows:
"5. The posts are personal to respective Work Charged/Muster roll workers and will be
abolished as soon as the incumbents relinquish the posts in any manner.
.............
11. The retention of the posts so created concerned Administrative Department will
move respective Control Branch of Finance Department with names of incumbents
every year till relinquishment of these person posts by the concerned incumbents.
These posts, in no case, will be retained by the Department as per provision of the
Delegation of Financial Power Rules".
15. I have heard learned counsels for the parties.
16. The affidavit-in-opposition filed by the Additional Secretary to the
Government of Assam, Personnel (B) Department is to the effect that there is
no scope of promotion of employees holding personal posts and that the State
Page No.# 31/33
Government has not framed any Policy or Rules for employees holding personal
posts to be promoted. Further, the entire process of regularization of Muster
Roll labourers and Work Charge labourers, by creating posts against their
individual names was without reference to the existing vacancy position of the
respective departments and without reference to any set of Rules.
17. The main issue in all the writ petitions is as to whether Muster
Roll/Work-Charge Workers who had been regularized in the year 2005 against
the posts which were made personal to them could be promoted and whether
their reversion to their regularised post was legally sustainable.
18. The present issue has already been decided by the Co-Ordinate Bench
of this Court in WP(C) Nos. 2416/2014, 3116/2014 and 4254/2014. The
petitioners, who were regularized Muster Roll/Work charge workers in the
Water Resource Department, Govt. Of Assam filed WP(C) 2416/2014 (Sri Dilip
Talukdar and 21 Others vs State of Assam and 5 Others) where they
challenged their reversion to their original posts after being promoted. WP(C)
2416/2014 was disposed off by a Co-ordinate Bench of this Court on
16.03.2015, holding that when regularization of a Grade-IV Muster Roll/Work-
charge worker has been done against a personal post, the post held by those
persons would be outside the cadre of Grade-IV post, i.e., an ex-cadre post.
Unless a person who is holding an ex-cadre post is en-cadred into a cadre
post, which is a feeder cadre to a higher cadre post, the person holding the
personal post cannot be promoted to a higher cadre post. This Court thereafter
dismissed the writ petition filed by the petitioners.
Page No.# 32/33
WP(C) No. 3116/2014 was with regard to the claim of the petitioners
therein for promotion from Grade-IV post to the post of Section Assistant, which
is a Grade-III post. Here also, the petitioners who were in the Water Resource
Department, Govt. of Assam had been regularized against posts which were
made personal to them and which were to be abolished as soon as the
incumbent relinquished the post in any manner. A Co-Ordinate Bench, after
having discussed the manner of regularization of the petitioners therein and
keeping in view the Office order dated 25.11.2013, issued by the Commissioner
& Special Secretary to the Govt. of Assam, Water Resource Department held
that the petitioners were not entitled to promotion to the post of Section
Assistant and as such, had to be reverted back, as the post held by them were
against Cadre post and as such, they could not be promoted to a regular post.
19. Being aggrieved, the writ petitioners in WP(C) No. 2416/2014 and WP(C)
No. 3116/2014 thereafter filed appeals, vide W.A. No. 124/2015 & 111/2016
which is reported in 2017 2 (GLT) 135, "Dilip Talukdar & Others v. State of
Assam & Others."
The Division Bench dismissed the appeals on the ground that a claim for
promotion from a person holding an ex-cadre post was not legally tenable. The
Division Bench held that promotion in the Department can be considered only
from eligible employees in the feeder cadre post and the writ petitioners being
outside the cadre, they could not have any enforceable rights for promotion,
particularly when the regularization order itself stipulates that they are
regularized in a post personal to them. The extract of the order passed by the
Division Bench in the case of Dilip Talukdar and 21 Others, 2017 (2) GLT
135, which is at paragraph 12 is re-produced below :
Page No.# 33/33
"12. We have seen the reasons recorded by the learned Judge for the impugned
verdict and find that the posts against which the writ petitioners were regularized
were never added to the notified cadre in the department. Yet no plea was advanced
for en-cadrement of the posts held by the affected parties. The promotion in the
department can be considered only from the eligible employees in the feeder cadre
and the writ petitioner being outside of the cadre, cannot have any enforceable right
to claim promotion, particularly when, the regularization order itself stipulates that
they are regularized in posts personal to them. Such temporary creation of post
cannot automatically add to the cadre strength of the department and claim for
promotion from a person holding an ex-cadre post, is not legally tenable. Therefore
we see no basis to take a different view in the matter than the one taken by the
learned Single Judge, in dismissing the cases".
20. The writ petitioners being similarly situated as the writ petitioners in the
case of Dilip Talukdar & Others (supra), this Court accordingly finds that the
present issue is already a covered matter in terms of the judgments passed by
the Co-Ordinate Bench of this Court in WP(C) Nos. 2416/2014 and 3116/2014,
which has been upheld by the Division Bench of this Court in Dilip Talukdar &
Others(supra). Accordingly, in view of the reasons stated above, the present
batch of writ petitions stand dismissed.
JUDGE
Comparing Assistant
