RAJKUMAR KACHARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. F.U. Borbhuiya, learned counsel for the petitioners. Also heard Mr. G. Bordoloi, learned Govt. Advocate for respondent nos.1 and 5, Mr. B. Gogoi, learned standing counsel for the Finance Department and Mr. R.K.D. Choudhury along with Mr. R. Dhar, learned standing counsel for the WPT&BC Department, respondent nos. 3and 4.

(2.) In the present case is hand, the issue regarding non-regularization of the petitioners to the post of driver in the Assam Tribal Development Authority (respondent no.3) (hereinafter referred to as ATDA for short) is involved. Therefore, as the case is ready as regards service and the respondent nos. 3 and 4 have filed their affidavit-in-opposition, at the insistence of the learned counsel for all sides, the matter has been heard in the admission stage.

(3.) The grievance of the three petitioners in WP(C) 956/2016 and the sole petitioners in WP(C) 1216/2016 is that WPT & BC Department had arbitrarily rejected the proposals dated 14.07.1994, 05.04.2011 and 20.04.2015 submitted by the ATDA for creation of posts of driver to accommodate the petitioners by regularising their services. In connection with both the said writ petitions, a common order dated 03.11.2017 was passedby this Court. The relevant part of the said order is quoted below:-