Shahadul Hoque vs The State Of Assam And 6 Ors
2022 Latest Caselaw 3110 Gua

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GAHC010160172022




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

                          Case No. : WP(C)/5339/2022

         SHAHADUL HOQUE
         S/O ABDUL JALIL SHEIKH, R/O VILL-KADAMTOLA PART-II, P.O.-
         BILASIPARA, DIST-DHUBRI, ASSAM, PIN-783348


         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, POWER AND ELECTRICITY DEPARTMENT,
         DISPUR, GUWAHATI-6

         2:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED (APDCL)
          BY ITS MANAGING DIRECTOR
          BIJULI BHAWAN
          GUWAHATI-1

         3:THE CHIEF GENERAL MANAGER (HRA)
         ASSAM
         APDCL
          BIJULI BHAWAN
          GUWAHATI-781001

         4:THE SELECTION COMMITTEE-B
          REPRESENTED BY ITS CHAIRMAN
          CONSTITUTED BY THE APDCL/AEGCL/APGCL
          BIJULI BHAWAN
          GUWAHATI-781001

         5:THE ASSISTANT GENERAL MANAGER
          DHUBRI ELECTRICAL DIVISION
         APDCL
          GAURIPUR
         VILL AND P.O.-GAURIPUR
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             DIST-DHUBRI
             ASSAM
             PIN-783331

            6:THE CHIEF EXECUTIVE OFFICER
             KOKRAJHAR ELECTRICAL CIRCLE
            APDCL
             KOKRAJHAR
             P.O. AND DIST-KOKRAJHAR
            ASSAM
             PIN-783370

            7:THE ASSISTANT EXECUTIVE ENGINEER (SUB DIVISIONAL ENGINEER)
             BILASIPARA ELECTRICAL SUB-DIVISION
            APDCL
             BILASIPARA
             P.O.-BILASIPARA
             DIST-DHUBRI
            ASSAM
             PIN-78334

Advocate for the Petitioner   : MD J ALOM

Advocate for the Respondent : SC, APDCL




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                            ORDER

Date : 22-08-2022

Heard Mr. M Islam, learned counsel for the petitioner, who submits that the petitioner being eligible and qualified was initially engaged as a Meter Reader on temporary basis under the Assam State Electricity Board (ASEB) in the year 2002. The said appointment was made verbally by the Assistant Executive Engineer, Bilasipara Electrical Sub-Division and he accordingly joined the post in October 2002. The petitioner thereafter was given a formal engagement in the year 2005 as Meter Reader and he has been discharging his duties as Outsource Meter Reader/Bill Clerk/Bill Page No.# 3/4

Distributor on contractual basis for almost 20 years under the Assam Power Distribution Company Limited (APDCL) which is one of the organization which trifurcated from the original ASEB. The petitioner participated in the recruitment process for the post of Office-Cum-Field Assistant (Experienced) category which was advertised on 14.08.2018. Although the petitioner participated in the recruitment process but he was not one of the selected candidates when the results were declared vide notice dated 10.02.2020. According to the petitioner, a batch of similarly situated persons approached this Court through WP(C) No. 1353/2020 which came to be disposed of vide judgment dated 23.02.2021 by directing the respondent authorities concerned to consider the individual petitioner for regularisation by taking into consideration the number of years they have served in terms of the judgment rendered by the Apex Court in State of Karnataka vs. Uma Devi, reported in (2006) 4 SCC 1 and also the subsequent judgments by the same Court in this regard. The learned counsel for the petitioner submits that although the petitioner has been rendering his service as Meter Reader on contractual basis for more than 20 years, the respondent authorities should insert his name in the merit list in respect of experienced category and therefore, a direction may be issued to them to consider his case in terms of the earlier decision rendered in WP(C) No. 1353/2020.

While such is the projection made by the learned counsel for the petitioner, it is noticed that the petitioner has filed a representation before the Managing Director, APDCL on 01.08.2022 and which was received by the authorities on the same day. Since the grievances of the petitioner has also been squarely highlighted in the said representation, Court is of the view that same be considered by the authorities in the light of the facts projected by the petitioner Page No.# 4/4

and the judgment of this Court relied upon.

Accordingly, the writ petition is disposed of with a direction to the respondent authorities, more particularly the respondent Nos. 2 and 3 to consider and dispose of the representation of the petitioner by way of a speaking order within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. The petitioner shall also furnish a copy of the writ petition to the respondent Nos. 2 and 3 for their consideration as directed herein above.

JUDGE

Comparing Assistant