LAWS(GAU)-2012-8-39

BABUL ROY Vs. BODOLAND TERRITORIAL COUNCIL

Decided On August 22, 2012
BABUL ROY Appellant
V/S
BODOLAND TERRITORIAL COUNCIL Respondents

JUDGEMENT

(1.) Facts and reliefs sought for being identical, W.P.(C) No.5008/2009 and W.P.(C) No.4992/2009 were heard together and are being disposed off by this common order.

(2.) The petitioners in both the writ petitions were serving as Muster Roll workers since the year 1990. Shri Babul Roy, petitioner in W.P.(C) No.5008/2009 was so engaged on 01-01-1990 in the office of the Hatidhura Development Block under the Project Director, District Rural Development Agency (DRDA), Kokrajhar. Likewise, Shri Ashok Kumar Sen, petitioner in W.P.(C) No.4992/2009 was so engaged on 01-10-1990 in the office of the Kokrajhar Development Block under the Project Director, DRDA, Kokrajhar. Since their initial engagement, both the petitioners continued on Muster Roll basis.

(3.) After continuous engagement of about fifteen years as Muster Roll workers, the services of the petitioners were regularised in Grade-IV posts by orders dated 05-08-2005 and 01-08-2005 respectively issued by the Project Director, DRDA, Kokrajhar. But their appointments to the existing regular vacancies were made subject to approval of the Finance Department, Government of Assam. Though the authorities of the Bodoland Territorial Council (BTC) had forwarded the regularization proposal of the two petitioners to the Finance Department, no orders were passed by the latter, compelling the petitioners to approach this Court for a direction to the authorities to regularize their services in Grade-IV posts under the Panchayat and Rural Development Department, Government of Assam within the territorial jurisdiction of BTC by adjusting their services against regular vacancies and thereafter to grant them the regular scale of pay.