DIJEN ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is filed by 118 petitioners, who are engaged as Superior Field Workers (SFW) and Field Workers (FW) under the Malaria Action Programme of the Health Department, Government of Assam, seeking the intervention of this Court for directing the State -respondents to frame a scheme for their future employment and to treat them as reserved force for future employment till such scheme is framed.

(2.) The facts are hardly in dispute. Following the outbreak of Malaria with high mortality rate in the year 1994, the State -respondents formulated the operational manual for Malaria Action Programme("the Progra -mme" for short) whereunder some posts of Seasonal Superior Field Worker (SFW)/Field Workers (FW) were created under the Gosaigaon Block PHC for DDT Spray Operation during the year 2008 with a daily wages of Rs. 54/ - and VDA Rs. 7.20 only for SFW and Rs. 50/ - and VDA Rs. 7.20/ - for FW. By the advertisement dated 1.2.2008 issued by the Office of the Sub -Divisional Medical and Health Officer, Gosaigaon, applications were invited from intending male candidates for the said two categories of posts by fixing minimum educational qualifications and age bar. The petitioners applied for and were engaged for the said categories of post on different dates so much so that they have been rendering their services for the period ranging from 3 years to 19 years as seasonal workers. They are engaged twice in a year for works which are malaria oriented with a working period of 45 days in two rounds in each season i.e. summer and winter. According to the petitioners, they have in the process gained practical experience in the range up to the upper limit of 19 years. The statement showing the names of the petitioners with their respective experiences in the field and duration of their experiences are as follows: <IMG>Judgement_325_GAULT1_2015.jpg</IMG> <IMG>Judgement_325_GAULT1_20151.jpg</IMG> <IMG>Judgement_325_GAULT1_20152.jpg</IMG>

(3.) The grievance of the petitioners is that the State -respondents have utilized their services in seasonally for so many years, but they do not think it fit to provide them with regular employment: no service rules have been framed till now. On year to year basis, their appointments are made after conducting interviews, but no weightage has been given to their experience gained by them while working as such for years and years altogether. Since their engagements are made on the basis of year wise selection, there is, in the absence of service rules, every possibility of their being dropped for future employment. Some groups of FWs and SFWs had filed a bunch of writ petitions before this Court in WP(C) No. 2440 of 2007 and others to give due weightage by formulating objective norms of uniform to the persons but the directions of this Court were never fully complied with. The representations filed by the petitioners before the respondent authority from time to time to treat them as reserved category did not yield any result. On the other hand, the respondents tried to adopt the policy of pick and choose to favour some of their men at the time of selection thereby opening the possibility of dropping the petitioners from future employment: the sword of Democles is hanging over their heads everyday. Frustrated by the refusal to frame scheme for their absorption/regularization or treat them as reserved force for future employment in the post of SWF and FW, they are constrained to file this writ petition for appropriate relief.