SUKHENDU BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Delay condoned in filing application for setting aside of abatement. Abatement is set aside. Delay condoned in filing application(s) for substitution. Application(s) for substitution is/are allowed. Applications for impleadment are dismissed.

(2.) In matters concerning long-standing administrative arrangements, particularly where the State and its instrumentalities, over time, continue to utilize the services of certain categories of workers in the discharge of its functions, Courts are often required to examine whether executive action conforms to constitutional standards of fairness and consistency. The exercise of public power cannot be divorced from practical realities created by sustained governmental reliance on such workers. Where governmental authorities derive the benefit of prolonged service and thereafter adopt positions that appear inconsistent with earlier policies or representations, the scrutiny of the Court is directed not merely at the outcome, but at the manner in which discretion has been exercised. The touchstone remains whether the action of the State is reasoned, non- arbitrary and in harmony with the constitutional mandate. It is within this broader constitutional perspective that the present issues fall for consideration.

(3.) The instant batch of appeals takes exception to common judgment and order dtd. 8/6/2017 passed by Division Bench of the Gauhati High Court [Hereinafter, referred to as "High Court".] in Writ Appeal No. 45 of 2014, whereby the Division Bench of the High Court, set aside the judgment and order dtd. 20/12/2013 passed by the learned Single Judge, thereby reversing the direction of regularization and consequential benefits granted in favour of the appellants.