Gauhati High Court
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GAHC010052752020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1736/2020
DEBOJYOTI DEKARAJA AND 6 ORS.
S/O LT. NANDA RAM DEKARAJA, HOJAI ASEB OFFICER COLONY P.O.
HOJAI, DIST. HOJAI, ASSAM, PIN-782435
2: UTPAL KR. AICH
S/O LT. HIRALAL AICH
R/O VILL. SUTERGOOR
P.O. AND P.S. BOBOKA
DIST. HOJAI
ASSAM
PIN-782435
3: APU DAS
S/O LT. MODAN MOHAN DAS
R/O VILL. SAWTAL BASTI
JUGIGAN
P.O. HOJAI
DIST. HOJAI
ASSAM
PIN-782435
4: ARJUN DAS
S/O AMRIT DAS
R/O VILL. BHOWKA BASTI
P.O. BORBAHA
DIST. HOJAI
ASSAM
PIN-782435
5: RITU BORO
S/O SRI CHAKRADHAR BORO
R/O NORTH VIDYANAGAR
P.O HOJAI
DIST. HOJAI
Page No.# 2/4
ASSAM
PIN-782435
6: AMIR HUSSAIN LASKAR
S/O NOSIR UDDIN
R/O VILL. GHONIARPAR
P.O. AMBARI
P.S. MURAJHAR
DIST. HOJAI
ASSAM
PIN-782445
7: PINTU NATH
S/O LT. PUSHPA NATH
R/O VILL. SINGRIBASTI
P.O. SINGRIBASTI
DIST. HOJAI
ASSAM
PIN-78243
VERSUS
THE ASSAM POWER DISTRIBUTION COMPANY LTD. AND 5 ORS.
REP. BY ITS CHAIRMAN BIJULEE BHAWAN, PALTANBAZAR,
GUWAHATI,ASSAM, PIN-781001
2:THE CHAIRMAN
SELECTION COMMITTEE-B
APDCL/AEGCL/APGCL
BIJULEE BHAWAN
PALTANBAZAR
GUWAHATI
ASSAM
PIN-781001
3:THE CHIEF GENERAL MANAGER (HRA)
ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)
BIJULEE BHAWAN
PALTANBAZAR
GUWAHATI
ASSAM
PIN-781001
4:THE ASSISTANT GENERAL MANAGER
HOJAI ELECTRICAL DIVISION
APDCL
(CAR)
HOJAI
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DIST. HOJAI
ASSAM
PIN-782435
5:THE CHIEF EXECUTIVE OFFICER
NAGAON ELECTRICAL CIRCLE APDCL (CAR)
NAGAON
ASSAM
PIN-782001
6:SUB DIVISIONAL ENGINEER
HOJAI
ELECTRICAL SUB-DIVISION APDCL
HOJAI
NAGAON
ASSA
Advocate for the Petitioner : MS. B BHUYAN
Advocate for the Respondent : SC, APDCL
BEFORE
THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
Order
21.01.2022
Heard Ms. B Bhuyan, learned counsel for the petitioners and Mr. B
Choudhury, learned standing counsel for the APDCL.
The petitioners have been working as Sahayaks 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
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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 9. 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 9 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 9 of the judgment in Sudipta
Bhattacharjee (supra).
This disposes this writ petition.
JUDGE
Comparing Assistant
