KARUNA SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application has been filed on behalf of a Muster Roll worker who was appointed as far back as on 2.12.81 as a Plantation mali-cum-fire watcher. This is Annexure -1 to the writ application. In 1984 the petitioner was transferred as skilled labourer to the office of the Range Officer, Chariduar Range, Chariduar. But till today, the service of the petitioner has not been regularised. Annexures- III, IV and V will show that the petitioner was holding the existing vacant post of Plantation Mali sanctioned vide Government's letter dated 26.2.88. It is an admitted position that there is an existing vacant post and that also is sanctioned by the Government. In that view of the matter, there can be no earthly reason as to why the service of the petitioner should not be regularised. On 2.1.93 the Divisional Forest Officer, Social Forestry Division, Nalbari also wrote to the Principal Chief Conservator of Forests, Assam, Gauhati that the petitioner even may be appointed as the Forest Guard in the Division.

(2.) Considering all these aspects; of the matter and after hearing Sri Choudhury and Smti. A. Hazarika, Jr. Govt. Advocate, I direct that the Respondents No.2, 3 and 4 shall do the needful to regularise the service of the petitioner either as the Forest Guard or as Plantation Mali and/or any other suitable vacancy within a period of three (3) months from the date of receipt of the order. The regularisation of the service of the petitioner shall be made from 2.12.81 the date on which the petitioner was initially appointed. I am deciding to make the regularisation from 2.12.81 as the petitioner is working in that post since that date and considering the fact that the petitioner belongs to the poor strata of the society and subsequent point of time there may not be difficulty to receive the pension at the end of his service career.

(3.) With the above direction, the writ application stands disposed of. I make no order as to costs