Gauhati High Court
Page No.# 1/4 vs The Assam Power Distribution ... on 21 January, 2022
Page No.# 1/4
GAHC010063062020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2371/2020
HIMANKA GOGOI AND 3 ORS.
S/O- SRI DIBAKAR GOGOI, R/O- NAMTI KHANIKAR, P.O- NAMTI
CHARIALI, DIST- SIVASAGAR, ASSAM, PIN- 785684
2: SOURAV SAIKIA
S/O- SRI HEMA KANTA SAIKIA
R/O- NA KALANI KALA GAON
P.O- VOROLA TINIALI
DIST- SIVASAGAR
ASSAM
PIN- 785664
3: PURNA BARUAH
S/O- LATE MONESWAR BARUAH
R/O- VILL- KHELUA GAON
P.O- KHELUA
DIST- SIVASAGAR
ASSAM
PIN- 785640
4: REBA JYOTI DAS
S/O- SRI DABID CH DAS
R/O- VILL NO.2
CHAULKARA
AKHOLPHUIA
P.O AND P.S- SIVASAGAR
DIST- SIVASAGAR
PIN- 785640
ASSA
Page No.# 2/4
VERSUS
THE ASSAM POWER DISTRIBUTION COMPANY LTD. AND 4 ORS
REP. BY THE CHAIRMAN, APDCL, BIJULEE BHAWAN, GUWAHATI- 01
2:THE MANAGING DIRECTOR
APDCL
BIJULEE BHAWAN
GHY- 01
3:CHAIRMAN OF THE SELECTION COMMITTEE - B
APDCL/AEGCL/APGCL
COMMITTEE CONSTITUTED FOR SELECTION TO THE POST OF OFFICE
CUM FIELD ASSTT (EXPERIENCED)
BIJULEE BHAWAN
GUWAHATI- 01
4:THE CHIEF GENERAL MANAGER
HRA
APDCL
BIJULEE BHABAN
GHY- 01
5:THE CEO
JORHAT ELECTRICAL CIRCLE
APDCL
JORHAT
ASSA
Advocate for the Petitioner : MR. D BARUAH
Advocate for the Respondent : SC, APDCL
BEFORE
THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
Order
21.01.2022
Heard Mr. D Baruah, learned counsel for the petitioners and Mr. B
Choudhury, learned standing counsel for the APDCL.
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The petitioners have been working as Office cum Field Assistant under the
respondent authorities and they pray for their absorption in the APDCL.
In earlier batch of writ petitions, this court vide order dated 03.01.2022
including WP(C) 1241/2020 directed the followings:
"9. Accordingly, the respondent APDCL is directed to consider the cases of the
individual petitioners and if they are found to have been working for more than 10
years up to the judgment of Umadevi (supra) i.e. 10.04.2006 and were working
against the sanctioned vacant post, an onetime measure may be made for their
regularization. If any of the petitioners are found not to have worked for more than
10 years upto 10.04.2006, but have worked for more than 10 years in the
meantime, the respondents may consider them for a benefit of providing them the
salary atleast in the minimum pay scale that are otherwise payable to an
equivalent regularly appointed employee, which again would be consistent with
the directions of the Division Bench of this Court in the judgment dated 08.06.2017
passed in WA 45/2014, Sate of Assam Vs. Upen Das and ors.
10. As regards any of the petitioners who may not have satisfied the requirement
of having worked continuously for 10 years, we request the respondent APDCL to
also consider their case and find out a suitable economic package for them as per
the acceptability of the respondent APDCL. Ordered accordingly."
The petitioners herein come under the paragraph 10. Accordingly, they
pray that they may be granted similar relief as has been granted in WP(C)
1241/2020 and other similar cases. The learned standing counsel, Mr.
Choudhury submits that they will have no objection if the cases of the
petitioners are directed to be considered as per paragraph 10 of the judgment
passed in Sudipta Bhattacharjee Vs. The Assam Power Distribution
Company Ltd. And 5 Ors. and other connected cases.
In view of the aforesaid consensus, this court directs that the petitioners'
cases be considered in terms of the paragraph 10 of the judgment in Sudipta
Bhattacharjee (supra).
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This disposes this writ petition.
JUDGE
Comparing Assistant
