Chatrapati Talukdar vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1186 Gua

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GAHC010058512022




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/2071/2022

         CHATRAPATI TALUKDAR
         SON OF LATE PRABIN CH. TALUKDAR, R/O CHIEF ENGINEERS COLONY,
         P.O. DIPHU, P.S. DIPHU
         DIST. KARBI ANGLONG, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-
         781006

         2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM

          PUBLIC HEALTH ENGINEERING DEPARTMENT
          DISPUR
          GUWAHATI-6.

         3:THE CHIEF ENGINEER

          PHE DEPARTMENT
          ASSAM

         HENGRABARI
         GUWAHATI-36.

         4:THE EXECUTIVE ENGINEER (PHE)

          DIPHU (RURAL) DIVISION
          DIPHU

         KARBI ANGLONG
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             ASSAM
             PIN-782460

            5:THE ACCOUNTANT GENERAL

             GOVT. OF ASSAM
             MAIDAMGAON
             BELTOLA
             GUWAHATI-29.

            6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI-6

Advocate for the Petitioner   : MR A N AHMED

Advocate for the Respondent : SC, P H E




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

Date : 04-04-2022

Heard Mr. A.N. Ahmed, learned counsel for the petitioner, who submits that the petitioner was engaged as a Muster Roll Worker on 04.12.1988 in the office of the respondent No. 4.

He submits that though a number of Muster Roll Workers have been regularized, the petitioner's service has not been regularized till date. He prays that the petitioner's service should be regularized, in terms of the Order dated 15.12.2011 passed in WP(C) No. 615/2011.

Ms. R. Gogoi, learned counsel appears for the respondent Nos. 1 to 4, Mr. R.K. Talukdar, learned counsel appears for the respondent No. 5 and Mr. P.

Page No.# 3/3

Nayak, learned counsel appears for the respondent No. 6.

In WP(C) No. 615/2011, this Court had directed that regularization of the service of the petitioners therein should be given, as their names had been dropped due to a typographical error, committed in the process of regularization of similarly situated colleagues. However, subsequent to the Order dated 15.12.2011 passed in WP(C) No. 615/2011, the Division Bench of this Court in the State of Assam Vs. Sh. Upen Das & 836 Others, W.A. No. 45/2014, which was disposed of vide Order dated 08.06.2017, has held that Muster Roll Workers/Work Charged Workers and Casual Workers are not entitled for regularization of their services. However, they should be given minimum pay scale in terms of paragraph No. 22 of the said judgment.

In view of the decision made by the Division Bench of this Court in the State of Assam Vs. Sh. Upen Das & 836 Others (supra), this Court finds that the present prayer of the petitioner for regularization of their service cannot be granted.

The writ petition is accordingly dismissed.

JUDGE

Comparing Assistant