Page No.# 1/5 vs The Union Of India And 4 Ors
2023 Latest Caselaw 3518 Gua

                                                                Page No.# 1/5

GAHC010189532023




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

                           Case No. : WP(C)/5046/2023

         MANZURUL HAQUE LASKAR AND 9 ORS
         S/O LATE MAHIBUR RAHMAN LASKAR, R/O VILL- MANIKPUR, P.O.-
         RAJNAGAR, P.S.-SILCHAR AND DIST- CACHAR, ASSAM

         2: LAL MOHAN GOALA
          S/O LT. HARIHOR GOALA
          R/O FAKIRTILLA
          P.O.-REC (NIT)
          SILCHAR
          DIST- CACHAR
         ASSAM

         3: MOSARAF HUSSAIN BARBHUIYA
          S/O AKADDAS ALI BARBHUIYA
          R/O VILL-BARIKNAGAR PT-(I)
          P.O.-REC (NIT)
          SILCHAR
          DIST-CACHAR
         ASSAM

         4: MRS. KUNTI NUNIA
          D/O LATE GAYA PARASAD
          R/O FAKIRTILLA
          P.O.-REC (NIT)
          SILCHAR
          DIST-CACHAR
         ASSAM

         5: SUJASH NATH
          S/O LT. JITENDRA CH. NATH
          R/O DUDHPATHIL-V
          MASUGHAT
          DIST-CACHAR
         ASSAM
                                                     Page No.# 2/5


6: TARA BAHADUR TAPA
 D/O LAL BAHADUR TAPA
 R/O QTR NO. 10
 NIT CAMPUS
 GD-IV
 P.O.-BHARAKHAI (NIT)
 DIST-CACHAR
ASSAM

7: SUDAM VERMA
 S/O GAURI SANKAR VERMA
 R/O FAKIRTILLA
 P.O.-REC (NIT)
 SILCHAR
 DIST-CACHAR
ASSAM

8: MANINDRA SARKAR
 S/O LT. LAL MOHAN SARKAR
 R/O VILL AND P.O.-SAIDPUR PT-(II)
 DIST- CACHAR
ASSAM

9: BIJOY KUMAR BARHI
 S/O LT. HARI BARHI
 R/O VILL-BHORAKHAI-PT-(II)
P.O.-REC (NIT)
 SILCHAR
 DIST-CACHAR
ASSAM

10: SEW NANADAN KURMI
 S/O LT. MANIK PRASAD KURMI BHORAKHAI TE
 FAKIRTILLA
 P.O.-REC (NIT)
 SILCHAR
 DIST-CACHAR
ASSA

VERSUS

THE UNION OF INDIA AND 4 ORS
TO BE REPRESENTED BY THE SECRETARY DEPARTMENT OF EDUCATION,
(HUMAN RESOURCE DEVELOPMENT), SHASTRI BHAWAN, NEW DELHI

2:THE DIRECTOR
 NATIONAL INSTITUTE OF TECHNOLOGY
                                                                           Page No.# 3/5

             SILCHAR
             CACHAR
             ASSAM

             3:THE CHAIRMAN BOARD OF GOVERNORS
              NATIONAL INSTITUTE OF TECHNOLOGY
              SILCHAR
              CACHAR
             ASSAM

             4:THE REGISTRAR
              NATIONAL INSTITUTE OF TECHNOLOGY
              SILCHAR
              CACHAR
             ASSAM

             5:THE NATIONAL TESTING AGENCY
              REPRESENTED BY THE DIRECTOR GENERAL
              FIRST FLOOR
              NSIC-MDBP BUILDING
              OKHLA INDUSTRIAL ESTATE
              NEW DELH

Advocate for the Petitioner   : MR. A R BHUYAN

Advocate for the Respondent : DY.S.G.I.




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

01.09.2023 Heard Shri AR Bhuiyan, learned counsel for the petitioners. Also heard Shri SP Choudhury, learned counsel appearing for the NIT, Silchar.

The petitioners, who are ten in numbers, are working on Muster Roll (MR) basis in the NIT, Silchar. The petitioners claim to be highly skilled MR who have render about 30 years of service and were seeking regularization. Though, initially the petitioners had approached this Court with a claim for regularization, this Court vide judgment and order dated 17.01.2008 passed in WP(C)/719/2007 had held that such Page No.# 4/5

direction for regularization cannot be passed. However, some observations were made regarding certain eventuality under which the cases of the petitioners to be considered.

Be that as it may, in the writ appeal, viz, WA/369/2008 preferred by the said petitioners against the aforesaid judgment, the Hon'ble Division Bench have passed order dated 05.12.2012 by directing a fresh consideration by the authorities, namely, NIT, Silchar as well as Ministry of Human Resource, Government of India and till such time, the petitioners were to be allowed to continue in service. It is the categorical case of the petitioners that they are continuing and in the meantime, their remunerations have also been enhanced. The grievance of the petitioners is, however, with regard to a recruitment process initiated vide an advertisement dated 07.07.2023 which includes the posts wherein the petitioners could be considered for regularization. It is submitted that the said recruitment so far as it pertains to the posts in question is in the teeth of the order of the Hon'ble Division Bench mentioned above as till now, there is no consideration of the case of the petitioners.

Shri Choudhury, learned Standing Counsel, Silchar has submitted that there is no bar for the petitioners to take part in the recruitment process and it is also a fact that the petitioners are being taken care of from time to time and their remunerations were also enhanced. He, accordingly prays for some time to obtain the instructions.

Though it appears that the petitioners are being allowed to continue and even their wages have been enhanced that will not do away with the direction of the Hon'ble Division Bench requiring a reconsideration of the cases of the petitioners for their regularization which does not appear to have been done so.

In view of the above, though time is granted to the learned Standing Counsel, NIT as per his request to obtain instructions, it is directed that no steps be taken to fill up the posts of Junior and Senior Assistant which are part of the aforesaid advertisement dated 07.07.2023 without first considering the case of the petitioners Page No.# 5/5

for their regularizations in terms of the earlier direction of the Hon'ble Division Bench.

As agreed to by the parties, list this case on 07.09.2023.

Let extra copy of the writ petition be furnished to Shri Choudhury, learned Standing Counsel.

JUDGE

Comparing Assistant