SALAM UDDIN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R P Sarmah, learned Senior Counsel, appearing on behalf of the appellant. Also heard Mr B Choudhury, learned Standing Counsel, APDCL.

(2.) This appeal is preferred against the Judgment and Order dtd. 8/8/2022, passed by the learned Single Judge in WP(C) No. 6236/2021. The appellant, in this case is Salam Uddin Khan. The State of Assam, the Assam Power Distribution Company Limited, the Chairman, the Sub-Divisional Engineer (Electrical), Dhubri, the Assistant General Manager (Electrical), Dhubri, are arrayed as respondent Nos. 1, 2, 3, 4 and 5 respectively.

(3.) Brief facts of this case are that the appellant was engaged as a Muster Roll Worker by the respondents in place of one Shri Indrajit Das, since September 2012. However, neither any appointment letter was issued nor was any agreement signed for the said appointment and the appellant was appointed without following any recruitment process. The respondent No. 4, vide letter dtd. 25/10/2013 (Annexure-3 of the Writ Petition) communicated to the respondent No. 5 that as the appellant was working as an outsourced Meter Reader since September 2012, in absence of Shri Indrajit Das, and as his performance was satisfactory, he could be appointed in place of Shri Indrajit Das. The respondent No. 5 had accordingly asked the respondent No. 4 to submit details with address/particulars of the appellant against the said proposal of respondent No. 4 and the same was submitted vide letter dtd. 5/11/2013 to the respondent No. 5. Furthermore, the respondents, more particularly, the respondent No. 2, vide employment Notice No. MD/APDCL/HR/REC(2017-18)/85/120 dtd. 14/8/2018, published an advertisement for appointment to the post of Office-cum-Field Assistant/Sahayak/Mali. As the appellant claimed to be possessed of work experience as per the job description, he applied for the aforementioned post and upon applying, the status for his application was shown as "Success". The written examination was conducted on 28/4/2019, but no call letter was issued to the appellant. When the appellant querried about the written examination in the month of March, 2020, the respondents handed over a notice dtd. 10/2/2020 and through that notice, the appellant learnt that the examination had already been conducted on 28/4/2019 and the document verification was held on 24/2/2020. The respondent authorities informed the appellant that there are still sufficient vacancies available in the department and further he was asked to continue working as before and to stay vigilant for further advertisements to be published in the near future.