Page No.# 1/ vs The State Of Assam And 4 Ors
2022 Latest Caselaw 365 Gua

                                                               Page No.# 1/10

GAHC010261152017




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

                         Case No. : WP(C)/7931/2017

         SAMBHURAM DIHINGIA and 36 ORS.
         S/O SHRI RUDRA DIHINGIA VILL- BANGALMARI, PO. MATIKHULA DIST.
         DHEMAJI, ASSAM, PIN - 787057.

         2: SHRI AMULA TAYENG
          S/O SHRI DEBEN TAYENG
         VILLAGE -LAKHIPUR
          P.O.-SILAPATHAR
          DISTRICT- DHEMAJI
         ASSAM
          PIN- 787057.

         3: SHRI DIGANTA KONWAR
          S/O LATE SURESH KONWAR
         VILLAGE - GOHAINGAON
          P.O.- DHEMAJI
          DISTRICT- DHEMAJI
         ASSAM
          PIN- 787057.

         4: SHRI TULSHI SONOWAL

          S/O SHRI TUNIRAM SONOWAL
          VILLAGE - MAHINDRABARI
          P.O.-SONARI CHAPORI
          DISTRICT- LAKHIMPUR
          ASSAM
          PIN-785110.

         5: SHRI DINESH CHANGMAI
          S/O SHRI JAYCHANDRA CHANGMAI
         VILLAGE - SAPATIA GOROIMARI
          P.O.- SAPATIA
          DISTRICT- LAKHIMPUR
                                                       Page No.# 2/10

ASSAM
PIN-787058.

6: SHRI GHANA KANTA CHETIA

S/O SHRI DEBENDRA CHETIA
VILLAGE - SAPATIA
P.O.- SAPATIA DISTRICT- LAKHIMPUR
ASSAM
PIN- 787058.

7: SHRI BIDYADHAR GOGOI
 S/O LATE BHULA GOGOI
VILLAGE - BORPATARIA
 P.O.- DHEMAJI
 DISTRICT- DHEMAJI
ASSAM
 PIN- 787057

8: SHRI DIBYA CHUTIA

S/O SHRI NITYANANDA CHUTIA
VILLAGE - MARIDHAL P.O.- MARIDHAL DISTRICT- DHEMAJI
ASSAM
PIN- 787057

9: SHRI DIPANKAR KONWAR
 S/O SHRI KAMAL KONWAR
VILLAGE - JORKATA
 CHAMUAH
 P.O.-MACHKHOWA
 DISTRICT- DHEMAJI
ASSAM
 PIN- 787058.

10: SHRI GHANA KANTA GOGOI
 S/O SHRI PADMESWAR GOGOI VILLAGE - GOWAL CHAPORI
 P.O.-GOWAL CHAPORI
 DISTRICT- DHEMAJI
ASSAM
 PIN- 787057.

11: SHRI HEMANTA CHETIA

S/O SHRI DINANATH CHETIA
VILLAGE - LAMUGAON
P.O.-GHILAMARA
DISTRICT- LAKHIMPUR
                               Page No.# 3/10

ASSAM
PIN-787053.

12: SHRI HAREN BORO

S/O SHRI MAHAN BORA
VILLAGE - BAKAL GAON
P.O.-KHUBALIA
DISTRICT- DHEMAJI
ASSAM
PIN- 787057.

13: SHRI RAJESH GOHAIN
 S/O SHRI JOYCHANDRA GOHAIN
VILLAGE - CHETIA GAON
 P.O.- GHILAMARA
 DISTRICT- LAKHIMPUR
ASSAM
 PIN- 787053.

14: SHRI BHABEN BURAGOHAIN
 S/O SHRI MAKHAN BURAGOHAIN
VILLAGE - BHEHPARA
 P.O.- DHEMAJI
 DISTRICT- DHEMAJI
ASSAM
 PIN- 787057

15: SHRI JITEN KONCH
 S/O SHRI SIDANANDA KNOCH
VILLAGE -PATHALIAL
 P.O.- MACHKHOWA
 DISTRICT- DHEMAJI
ASSAM
 PIN- 787058.

16: SHRI DEBANANDA KONCH

S/O SHRI TEPURAM KNOCH
VILLAGE - RANGACHILA
P.O.-MACHKHOWA
DISTRICT- DHEMAJI
ASSAM
PIN- 787058.

17: SHRI KAMAL BORGOHAIN
 S/O SHRI DULAL BORGOHAIN
VILLAGE - GOWAL CHAPORI
                                           Page No.# 4/10

P.O.-GOWAL CHAPORI
DISTRICT- DHEMAJI
ASSAM
PIN- 787057.

18: SHRI NIREN GOGOI
 S/O SHRI LAKHYA CHANDRA GOGOI
VILLAGE - RANGKOP
 P.O.-BULAKATA
 GOHAINGAON
 DISTRICT- DHEMAJI
ASSAM
 PIN- 78757 .

19: SHRI PHILIPS BORSAIKIA
 S/O SHRI RUHINI BORSAIKIA
VILLAGE - HAWALIGAON
 P.O.- HAWALI BUTIKUR DISTRICT- DHEMAJI
ASSAM
 PIN- 787057.

20: SHRI NEHARU KAMAN
 S/O SHRI TARUN CHANDRA KAMAN
VILLAGE - BILMUKH
 P.O.-BILMUKH
 DISTRICT- LAKHIMPUR
ASSAM
 PIN- 787056.

21: SHRI KAMAL KACHARI
 S/O SHRI LAKHINATH KACHARI
VILLAGE -MECHUKACHARI GAON
 P.O.- SISIBOR GAON
 DISTRICT- DHEMAJI
ASSAM
 PIN- 787057.

22: SHRI ADITYA SONOWAL
 S/O SHRI PADMADHAR SONOWAL
VILLAGE -2 NO SILA GAON
 P.O. SILAPATHAR
 DISTRICT- DHEMAJI
 PIN- 787057.

23: SHRI DIPEN CHANGMAI
 S/O SHRI LAKESHWAR CHANGMAI
VILLAGE - BORMUTHANI
 P.O.-KHALIHAMARI
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DISTRICT- DHEMAJI
ASSAM
PIN- 787057.

24: SHRI BIPIN KONCH
 S/O LATE MAHESWAR KONCH
VILLAGE -CHOWAKHAM
 P.O.-MACHKHOWA
 DISTRICT- DHEMAJI
 PIN- 787058.

25: SHRI BADAN KONCH

S/O SHRI LAWRAM KONCH
VILLAGE -CHOWAKHAM
P.O.-MACHKHOWA
DISTRICT- DHEMAJI
PIN- 787058.

26: SHRI SIDHARTHA BARUAH
 S/O SHRI NAGEN CHANDRA BARUAH
VILLAGE -RAMALPUR
 P.O.-JONAI
 DISTRICT- LAKHIMPUR
 PIN- 787057.

27: SHRI NABIN DEORI
 S/O SHRI BHAGYABAN DEORI
VILLAGE -DHUNAGURI
 P.O.-SILAPATHAR. DISTRICT- DHEMAJI
 PIN- 787057

28: SHRI HERAK JYOTI DUTTA

S/O BANGSHIDHAR DUTTA
VILLAGE -JALBHARI
P.O.- DHAKUWAKHANA. DISTRICT- LAKHIMPUR
PIN- 787055.

29: SHRI ARABINDRA DAS

S/O SHRI KHAGEN DAS
VILLAGE -KAPAHUA
P.O.-KHUBALIA
DISTRICT- DHEMAJI
ASSAM
PIN- 787057.
                                    Page No.# 6/10

30: SHRI SUMESWAR MILI

S/O SHRI NAKURAM MILI
VILLAGE -LAKHIPUR
P.O.-SILABARI
DISTRICT- DHEMAJI
ASSAM
PIN- 787057

31: SHRI AJOY MISONG

S/O SHRI TIRTHA MISONG
VILLAGE - LAKHIPUR
P.O.-SILAPATHAR
DISTRICT- DHEMAJI
PIN- 787057.

32: SHRI MOHESH MEDAK
 S/O SHRI MUNIBR MEDAK
VILLAGE - KARDANG NAGAR
 P.O.-GOGAMUKH
 DISTRICT- DHEMAJI
ASSAM
 PIN- 787057.

33: SHRI BIREN CHANDRA KAMAN
 S/O SHRI TILESWAR KAMAN
VILLAGE - MEDAKGAON
 P.O.- BALIMUKH
 DISTRICT- LAKHIMPUR
 PIN- 787056.

34: SHRI DIPEN SAIKIA

S/O SHRI POWAL SAIKIA
VILLAGE - TEKJURI
P.O.- BISNUPUR DISTRICT- DHEMAJI
ASSAM
PIN- 787057.

35: SHRI DIBYAJYOTI PAYENG
 S/O LATE NILAMBOR PAYENG
VILLAGE - BATICHUCK
 P.O.- KUMBANG
 DISTRICT- LOKHIMPUR
ASSAM
 PIN- 787057.
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            36: SHRI PARCHIN TAMULI
             S/O GIRNDRA TAMULI
            VILLAGE -NAGAKHELIA
             P.O.- NAGAKHELIA DISTRICT- DHEMAJI
             PIN- 787055

            37: SHRI PRADIP BORUAH

             S/O SUREN BORUAH
             VILLAGE - GOBINDAPUR
             P.O.-GOBINDAPUR
             DISTRICT- LAKHIMPUR
             PIN- 787055

            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REP. BY THE COMMISSIONER AND SECETARY TO THE GOVT. OF ASSAM,
            IRRIGATION DEPARTMENT, DISPUR, GUWAHATI- 781006.

            2:THE COMMISSIONER and SECRETARY
            TO THE GOVERNMENT OF ASSAM
             FINANCE DEPARTMENT
             DISPUR
             GUWAHATI- 781006.

            3:THE UNDER SECRETARY TO THE GOVERNMENT OF ASSAM
             IRRIGATION DEPARTMENT
             DISPUR
             GUWAHATI - 781006.

            4:THE CHIEF ENGINEER
             IRRIGATION DEPARTMENT
            ASSAM
             CHANDMARI
             GUWAHATI- 3.

            5:THE EXUCTIVE ENGINEER
             DHEMAJI
             IRRIGATION DIVISION
             DISTRICT- DHEMAJI
            ASSAM
             PIN

Advocate for the Petitioner   : MR.M BHAGABATI

Advocate for the Respondent : MR.B GOGOI

Page No.# 8/10

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

04.02.2022

Heard Mr. M Bhagabati, learned counsel for the petitioners. Also heard Mr. P Nayak, learned counsel for the respondents.

2. The petitioners are former Seasonal Power Pump Operators, under the Dhemaji Irrigation Division. They filed WP(C) 6055/2013 to claim regularization of their services. The said writ petition was disposed of on 04.12.2013 with a direction to the State authority to take a policy decision for regularization of the services of the petitioners. Vide a communication dated 14.12.2015, the State of Assam in the Irrigation Department addressed to the Secretary of the Association of the employees of the Irrigation Department intimated the Government decision that the order passed in WP(C) 6055/2013 could not be complied with as similar kind of order was challenged and pending before the Hon'ble Division Bench of this court. Challenging the aforesaid order, the petitioners are before this court.

3. During the pendency of the consideration of the claim of the petitioners at the Government's end, the Hon'ble Division Bench of this court in its judgment dated 08.06.2017 passed in WA 45/2014 (State of Assam vs. Upen Das) reported in (2017) 4 GLR 493 dealing with similar claim of regularization and framing of policy decision for regularization held as follows:

Page No.# 9/10

"22. It is, however, heartening to learn that the State Government has agreed not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences. The State Government has also agreed to enlist such employees in Health and Accidental and Death Insurance Scheme, which will be prepared in consultation with the State Cabinet. We appreciate this positive stand of the State Government taken as welfare measures for the betterment and security of the employees, in question. We, accordingly, direct the State Government to implement the measures without further delay. Besides this, we, in the light of decision of the Supreme Court in State of Punjab vs. Jagjit Singh, (2017) 1 SCC 148, also direct the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 1.8.2017.

23. For These reasons, we are of the view that in the fact situation of the case, Muster Roll workers, Work Charged workers and Casual workers are not entitled for regularization of their services with consequential benefits, such as, pension, etc. We, accordingly, subject to our direction in paragraph 22 of the judgment, allow the appeal and set aside the impugned judgment and order dated 20.12.2013 passed by the learned Single Judge."

4. Subsequent to this judgment of Upen Das (supra) the State of Assam in Finance Department issued two orders being 08.03.2019 under No. FEC (II) 2014/413 and 03.10.2019 under No. FEC (II) 2014/414 in terms of paragraph 22 of the aforesaid judgment and framed certain conditions for paying minimum basic scale of pay, DA and medical benefits to the persons who were working more than 10 years prior to the passing of the aforesaid judgment and some other conditions and accordingly said process was carried out.

5. In above backdrop more particularly in view of the decision of Upen Das (supra), this court is of considered opinion that the impugned order cannot be held to be bad. In that view of the matter, this court is not inclined to interfere with the impugned order dated 14.12.2015.

6. However, the Irrigation Department shall consider the case of the Page No.# 10/10

petitioners and verify whether they are entitled for the benefits under the communications dated 03.12.2019 and 08.03.2019 (supra) and if they are found entitled, the Irrigation Department shall forward the same to the Finance Department and the Finance Department after applying its own mind considering the case of the petitioners, if found them to be entitled for any benefits under the aforesaid orders (supra) may pass necessary order. The said exercise need to be carried out within a period of three months from the date of receipt of a copy of this order.

7. In terms of the aforesaid observations, this writ petition stands disposed of, however, no order as to cost.

JUDGE

Comparing Assistant