BHUPENDRA SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra-Court appeal is preferred by the appellants/writ petitioners for assailing the judgment and order dtd. 21/9/2021 passed by the learned Single Bench in WP(C) No. 6961/2018.

(2.) The case in hand has a chequered history. The appellants/writ petitioners were selected and appointed in different categories of Grade-III and Grade-IV posts and were provided postings in various Fast Track Courts across the State of Assam. However, since there was no encadrement of posts for the Fast Track Courts, the appellants were not granted regular pay scale.

(3.) Few of the appellants, filed WP(C) No. 5153/2010 praying for regularization of their services. The said writ petition filed by those litigants came to be rejected by this Court vide order dtd. 20/12/2012, which was assailed by filing SLP(C) No.12560/2013 before the Hon'ble Supreme Court. However, finding that the issue relating to fixation of pay scale equivalent to the pay scale being offered to regular employees, was neither raised nor considered by the High Court, the SLP was dismissed vide order dtd. 20/12/2012 giving liberty to the litigants therein to approach the High Court by way of a review petition. Consequently, Review Petition No.82/2013 came to be filed in this Court, wherein, an offer of settlement was extended by the State Government and accordingly, the Review Petition came to be disposed of with the following directions:-