Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 24 November, 2021
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GAHC010208292016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6699/2016
PRANESWAR RABHA and 3 ORS
S/O LT. MAJENG RABHA VILL- JYOTIGAON P.O. SALPARA DIST.
GOALPARA, ASSAM.
2: SRI DIBESWAR RABHA
S/O LT. DARAN RABHA VILL- THEKASU P.O. DUDHNOI DIST. GOLPARA
ASSAM.
3: SRI GOALPARU RABHA
S/O LT. RUPDHAN RABHA VILL- THEKASU P.O. DUDHNOI DIST.
GOALPARA
ASSAM.
4: SRI BINOD SAIKIA
S/O LT. BHUBANESWAR SAIKIA VILL- SIMLITOLA P.O. SIMLITOLA DIST.
GOALPARA
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
PWD DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE CHIEF ENGINEER
P.W.D. RURAL ASSAM
CHANDMARI
GUWAHATI -03.
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3:THE TREASURY OFFICER
GOALPARA
P.O. and DIST. GOALPARA
ASSAM
PIN - 783101.
4:THE EXECUTIVE ENGINEER
PWD GOALPARA RURAL ROADS DIVISION
P.O. BALADMARI
DIST. GOALPARA
ASSAM
PIN - 783121.
5:THE ASSISTANT EXECUTIVE ENGINEER
P.W.D. RURAL ROADS GOALPARA
DUDHNOI SUB-DIVISION
P.O. DUDHNOI DIST. GOALPARA
ASSAM
PIN - 783124
Advocate for the Petitioner : MR.A R SIKDAR
Advocate for the Respondent : MS. B BHUYAN
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 24-11-2021
Heard Shri AR Sikdar, learned counsel for the petitioners whereas the Public Works
Department as well as the Treasury Officer, Goalpara are represented by Shri P Nayak,
learned Standing Counsel, PWD as well as Finance Department.
2. The petitioners have filed this petition under article 226 of the Constitution of India,
praying for a direction to regularize their services as Grade-IV employees in the Public Works
Department.
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3. It is the case of the petitioner that all of them were engaged in the Public Works
Department as Muster Roll Labourers (Wages) prior to 01.04.1993 and from 22.07.2005, they
were allowed to draw time scale pay. The petitioners are aggrieved by the fact that no steps
have been for regularization of their services in spite of the fact that they have served for a
long period of time.
4. Shri Sikdar, learned counsel for the petitioner also submits that in the meantime, a
Division Bench of this Court vide judgment and order dated 08.06.2017 had dealt with a
similar issue in WA/45/2014 (The State of Assam Vs. Sri Upen Das).
5. Shri Nayak, learned counsel submits that regularization of service is not a routine
manner and to get the benefit of such regularization, an incumbent has to meet certain
requirements of law. The learned Standing Counsel, however, has fairly submitted that a
Division Bench of this Court, vide the aforesaid order dated 08.06.2017 while dealing with an
identical subject had directed the State Government to prepare a list of such employees and
give them the benefit in Health and Accidental and Death Insurance Scheme which was
directed to be prepared in consultation with the State Cabinet. The said direction was given
by the Division Bench in the light of the decision of the Hon'ble Supreme Court in the case of
State of Punjab & Ors. Vs. Jagjit Singh & Ors., reported in (2017) 1 SCC 148. He further submits
that amongst the four petitioners, petitioner no. 1 has already surpassed the age of
superannuation.
6. Be that as it may, since the petitioners are similarly situated with that of the petitioners
in the case of Sri Upen Das (supra), their names for enlisting in the list of beneficiaries may
also be considered. So far as the petitioner no. 1, who has retired in the meantime, is
concerned, the benefits which may be granted, may also be given to him till the date of his
attaining the age of superannuation. The aforesaid exercise be undertaken, if not already
done in the meantime and completed within a period of 3 months from the date of receipt of
a certified copy of this order.
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7. The writ petition stands disposed.
JUDGE
Comparing Assistant
