Page No.# 1/4 vs The Assam Power Distribution ...
2022 Latest Caselaw 213 Gua

                                                                 Page No.# 1/4

GAHC010038882020




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

                          Case No. : WP(C)/1242/2020

         SHEIKH AKIDUL ABEDIN AND 7 ORS.
         S/O SHEIKH MD. JONAL ABEDIN, R/O VILL. KAHTALBARI, PURAN DIARA,
         MANKACHAR, DIST. SOUTH SALMARA, ASSAM-783135

         2: MOKSEDUL ALOM
          S/O MD. SAYED HUSSAIN
          R/O VILL. PUBERGAON
          JHOWDANGA
          MANKACHAR
          DIST. SOUTH SALMARA
         ASSAM-783131

         3: RIYAZUL KARIM
          S/O MD. ABDUS SATTAR SARKAR
          R/O VILL. BEKARDOBA
          PURAN DIARA
          MANKACHAR
          DIST. SOUTH SALMARA
         ASSAM-783135

         4: ABDUR REZZAK SK
          S/O ABDUS SAMMAD SK
          R/O VILL FEKAMARI
          SOUTH SALMARA
          DIST. SOUTH SALMARA
         ASSAM-783135

         5: MD. AHAMMAD ALI
          S/O SAYED ALI
          R/O VILL. FOTAMARI
          P.O. BORKONA
          P.S. MANKACHAR
          DIST. SOUTH SALMARA
         ASSAM-783131
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6: ABDUL MOTLEB
 S/O LT. BAKTA ZAMAL
 R/O VILL. CHIRAKHOWA
 KALAPANI
 MANKACHAR
 DIST. SOUTH SALMARA
ASSAM-783131

7: SOLEMAN ALI
 S/O MOHAMAD ALI
 R/O VILL. SONAPUR
 FEKAMARI
 MANKACHAR
 DIST. SOUTH SALMARA
ASSAM-783135

8: SHONA MIAH MOLLAH
 S/O SAMSUL HAQUE MOLLAH
 R/O VILL. JHOWDANGA
 MANKACHAR DIST. SOUTH SALMARA
ASSAM-78313

VERSUS

THE ASSAM POWER DISTRIBUTION COMPANY LTD. AND 5 ORS.
REP. BY THE CHAIRMAN, APDCL, BIJULEE BHAWAN, GUWAHATI-01

2:THE MANAGING DIRECTOR
APDCL
 BIJULEE BHWAN
 GUWAHATI-1

3:CHAIRMAN OF THE SELECTION COMMITTEE-B
 ADPCL/AEGCL/APGCL
 COMMITTEE CONSTITUTED OF SELECTION TO THE POST OF SAHAYAK
(EXPERIENCED)
 BIJULEE BHABAN
 GUWAHATI-1

4:THE CHIEF GENERAL MANAGER
 HRA
APDCL
 BIJULEE BHABAN
 GUWAHATI-1

5:THE CHIEF EXECUTIVE OFFICER
 BBONGAIGAON ELECTRICAL CIRCLE
                                                                               Page No.# 3/4

             APDCL
             BONGAIGAON
             ASSAM

             6:THE SUB DIVISIONAL ENGINEER
              MANKACHAR ELECTRICAL SUB DIVISION
             APDCL
              DIST. SOUTH SALMARA
             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.

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 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 Page No.# 4/4

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).

This disposes this writ petition.

JUDGE

Comparing Assistant