ANUSUYA PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner herein was appointed as an Assistant Geologist under the Directorate of Geology and Mining, Assam, on ad-hoc basis vide order dtd. 01/02/1993. As per the documents available on record, the service of the petitioner, as Assistant Geologist, was extended from time to time.However, despite repeated requests made by the petitioner for regularization of her service, no action has been taken in the matter to redress her grievance as a result of which the petitioner had retired from service as an ad-hoc/ temporary employee on attaining the age of superannuation. The primary grievance of the petitioner is that despite having served the department continuously for more than 25 years her services have not been regularized till today although the cases of two other similarly situated Assistant Geologists appointed along with her by following the same process have been favourably considered by the department thereby meting out a discriminatory treatment to her. The petitioner has also prayed for issuance of a Writ of Mandamus for release of her arrear salary and other dues payable under the law for the period of service rendered with effect from 01/08/2016.

(2.) The facts of the case, briefly stated, are as follows :-

(3.) It appears from the materials on record that on 16/03/2015, the Additional Chief Secretary to the Government of Assam, Department of Personnel (B) had issued a General Circular notifying the Government's decision to regularize the services of certain appointees under Regulation 3(f) of the Regulations of 1951 as a onetime measure. In terms of the notification dtd. 16/03/2015, the Secretary to the Government of Assam, Mines and Minerals Department, Dispur, had issued notification dtd. 02/05/2015, regularizing the services of (1) Sri Pallab Kumar Baruah and (2) Sri Prakash Bora, as Assistant Geologists, who were originally appointed under Regulation 3(f) of the Regulations of 1951 along with the writ petitioner. The services of these two candidates were regularized with effect from 16/03/2015 i.e. the date of the Office Memorandum issued by the Personnel Department. However, the petitioner's name was not included in the notification dtd. 02/05/2015.