LAWS(GAU)-2010-10-5

PULIN KUMAR SARMA Vs. STATE OF ASSAM

Decided On October 12, 2010
PULIN KUMAR SARMA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The facts pleaded and relief sought for in these two writ petitions being same, those are heard together and are being disposed of by this common judgment and order.

(2.) The brief fact of the cases are that the writ Petitioners numbering 28 in WP(C) No. 6224/2005 and 65 in WP(C) No. 5876/2005 were appointed as Work Charged employees in the then Flood Control Department of the Government of Assam, now known as Water Resources Department during the period 1988 to 1993 on fixed pay basis. By now they have completed about 22 years to 19 years in their posts without any break in their services. The date of engagement and the place of posting have been specifically mentioned in paragraph 3 and paragraph 4 of the writ petitions respectively.

(3.) The Government of Assam in the Personnel (B) Department had taken a policy decision in the matter of regularization of the services of persons working as Work Charged/Muster Roll under its various departments who were engaged prior to 1.4.1993. As per the said policy decision and commitment of the Government of Assam as enshrined in Letter No. ABP.30/98/18 dated 29.08.1998 issued by the Secretary, Government of Assam, Personal (B) Department, all Work Charged/Muster Roll workers engaged prior to cut off date 1.4.1993 were to be regularized immediately. The said letter was issued to all the Commissioners and Secretaries, Government of Assam, all Secretaries to the Government of Assam, all Deputy Commissioners, all Sub-Divisional Officers to take actions as per the above instruction. The contents of one of the said letter is quoted herein below: