Page No.# 1/4 vs The Assam Power Distribution ...
2022 Latest Caselaw 232 Gua

                                                              Page No.# 1/4

GAHC010045242020




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

                           Case No. : WP(C)/1413/2020

         NIJUM DAS AND 7 ORS.
         S/O- LT. SUNABHUSAN DAS, R/O- KALYANPUR, RAMKRISHNA NAGAR,
         DIST.- KARIMGANJ, ASSAM- 788166.

         2: SHAMBHU SHANKAR BHATTACHARJEE
          S/O- NIKHIL CH. BHATTACHARJEE
          R/O- KADAMTALA
          RAMKRISHNA NAGAR
          DIST.- KARIMGANJ
         ASSAM- 788166.

         3: SHUBAH DAS
          S/O- LT. ROSOMOY DAS
          R/O- DEBODWAR
          RAMKRISHNA NAGAR
          DIST.- KARIMGANJ
         ASSAM-788156.

         4: BIPLAB NAMASUNDRA
          S/O- CHUNILAL NAMASUNDRA
          R/O AMARKHALA
          RAMKRISHNA NAGAR
          DIST.- KARIMGANJ
         ASSAM-788734.

         5: SANJIT KUMAR DAS
          S/O- LT. ROSOMOY DAS
          R/O- DEBODWAR
          RAMKRISHNA NAGAR
          DIST.- KARIMGANJ
         ASSAM-788156.

         6: SUDIP NATH
          S/O- LT. PALTU NATH
                                                         Page No.# 2/4

R/O- DEFALALA
BUBRIGHAT
PATHARKANDI
DIST.- KARIMGANJ
ASSAM- 788724.

7: SACHIN ROY
 S/O- SURANJIT ROY
 R/O NABINGRAM
 RAMKRISHNA NAGAR
 DIST.- KARIMGANJ
ASSAM-788156.

8: NIMAI CHANDA
 S/O- NIRANJAN CANDA
 R/O- HARINAGAR
 RAMKRISHNA NAGAR
 DIST.- KARIMGANJ
ASSAM-788166

VERSUS

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

2:THE MANAGING DIRECTOR
APDCL
 BIJULEE BHAWAN
 GHY.-01.

3:THE CHAIRMAN OF THE SELECTION COMMITTEE- B
 ADPCL/ AEGCL/ APGCL
 COMMITTEE CONSTITUTED FOR SELECTION OF THE POST OF SAHAYAK
(EXPERIENCED)
 BIJULEE BHAWAN
 GHY.-01.

4:THE CHIEF GENERAL MANAGER
 HRA
APDCL
 BIJULEE BHAWAN
 GHY.-01.

5:THE C.E.O.
 BADARPUR ELECTRICAL CIRCLE
APDCL
 KARIMGANJ
ASSAM.
                                                                               Page No.# 3/4


             6:THE SUB DIVISIONAL ENGINEER
              KARIMGANJ ELECTRICAL SUB-DIVISION
             APDCL
              DIST.- KARIMGANJ
             ASSAM

Advocate for the Petitioner   : MR. S BORTHAKUR

Advocate for the Respondent : SC, APDCL

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

24.01.2022 Heard the learned counsel for the petitioners and Mr. B Choudhury, learned standing counsel for the APDCL.

The petitioners have been working as Office cum Field Assistants and 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 petitioner Nos. 4,5 and 7 herein come under the paragraph 9 and the petitioner Nos. 1,2,3 and 6 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 9 and 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 9 and 10 of the judgment in Sudipta Bhattacharjee (supra).

This disposes this writ petition.

JUDGE

Comparing Assistant