Chandra Biswas vs The State Of Assam And 3 Ors
2022 Latest Caselaw 2516 Gua

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GAHC010131452022




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

                                 Case No. : WP(C)/4740/2022

            CHANDRA BISWAS
            W/O LATE KAMAL BISWAS,
            R/O WARD NO 16, R.K MISSION ROAD, DHUBRI TOWN, P.S.- DHUBRI,
            P.O.- BIDYAPARA, DIST.- DHUBRI, PIN- 783334.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY COMMISSIONER AND SECRETARY (C) TO THE GOVT. OF ASSAM
            PHE DEPT. DISPUR GHY-6.

            2:CHEIF ENGINEER (PHE) ASSAM
             HENGERABARI
             GHY-36.

            3:EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION
             DIST.- DHUBRI
            ASSAM.

            4:MANAGING DIRECTOR
            ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD
             GHY-5

Advocate for the Petitioner   : MR. M J BARUAH

Advocate for the Respondent : SC, P H E
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                         ORDER

27.07.2022 Heard Mr. M.J. Baruah, learned counsel for the petitioner, who submits that the petitioner's husband was temporarily appointed as work charged Khalasi-cum-Chowkidar vide order dated 06.07.1989, by the Executive Engineer, PHE, Dhubri Division. The petitioner was thereafter sent on deputation to the Urban Water Supply and Sewerage Board. While working in the Urban Water Supply and Sewerage Board, the service of the petitioner was regularized and he was appointed temporarily to the post of Grade - IV (Peon), in pursuance to Government letter No. UDD(M)410/2005/5 dated 20.12.2005, vide office order dated 10.02.2006.

The petitioner's counsel submits that the petitioner's husband was released from the Urban Water Supply and Sewerage Board vide order dated 05.04.2011, to allow him to join his parent department. Thereafter, a communication dated 13.04.2011 was made to various Zonal, Circle and Division offices of the PHE stating that a proposal for regularization and retention of reverted employees from the Assam Urban Water Supply and Sewerage Board was to be submitted to the office of the Chief Engineer. However, the Government of Assam in the PHE Department thereafter issued a communication dated 24.02.2021 to the Chief Engineer, PHE stating that Muster Roll workers/work charged workers and casual workers were not entitled to regularization of their service, in terms of the Division Bench judgment of this Court in W.A No. 45/2014 (State of Assam Vs. Upen Das & 836 Ors). The petitioner's husband subsequently died on 21.08.2018. The petitioner, who is the wife of the late Kamal Biswas has challenged the decision of the Government not to regularize the service of the petitioner's husband, issued vide communication dated 24.02.2021.

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Issue notice, returnable in 4 (four) weeks.

Mr. R.R. Gogoi, learned counsel accepts notice on behalf of the respondent Nos. 1, 2 and 3.

Petitioner to take steps for service of notice upon the respondent No. 4 by registered post with A/D within 3 (three) days.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant