RAJKUMAR KACHARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. F.U. Barbhuiya, learned counsel for the appellants. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam and Mr. R. Dhar, learned Standing Counsel, WPT&BC for the respondents.

(2.) This appeal is directed against the common Judgment and Order dtd. 9/6/2021 passed by the learned Single Judge in WP(C) 956/2016, WP(C) 2321/2018 and WP(C) 1216/2016. The present writ appeal is filed by the appellants, who were the petitioners in WP(C) No. 2321/2018. The writ petitioners and the other connected writ petitions are not before this Court.

(3.) The facts which are revealed from pleadings on record are that the appellants were engaged as Drivers under the Assam Tribal Development Authority (hereinafter referred to as "ATDA"). Initially no vehicles were allotted to the said authority, however, subsequently under various schemes and for implementation thereof, the certain vehicles were allotted to the ATDA and thereafter, the services of the appellants were engaged as Drivers. A number of communications were addressed between the ATDA and the Government requesting for creation of the posts of Drivers and to regularize the services of the appellants. However, by order dtd. 21/12/2015, the Department of WPT&BC, Government of Assam rejected the proposal for regularization of the appellants as Drivers on the ground that the appointments were made in non-sanctioned posts and non-existent posts and without prior concurrence or approval of the State Government. The appellants along with other petitioners approached this Court by filing the two writ petitions being W.P.(C) No. 956/2016 and W.P(C) No. 1216/2016 challenging the said order dtd. 21/12/2015. The prayers in these two writ petitions were for regularisation of the services in the ATDA as Drivers and to pay their current and arrear salaries. By way of an interim order, the WPT&BC Department directed as to whether the decision of the Authority taken was to be approved or not. Pursuant to the said order, the WPT&BC Department vide order dtd. 3/1/2018 again rejected the proposal/decision taken by the Authority proposing for regularisation of the writ petitioners. Being aggrieved W.P.(C) No. 2321/2018 was filed by the petitioners jointly challenging the order dtd. 31/1/2018. All the three writ petitions were heard together and by the impugned common Judgment and Order, all the three writ petitions were dismissed.