MUKUL SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellants who are writ petitoners in W. P. (C) No. 2026 of 2001, 2036 of 2001 and 4932 of 2001, by the present appeals have challenged the common judgment and order dated 14. 08. 2003 passed by the learned Single Judge dismissing a batch of writ petitions including the present concerned writ petitions.

(2.) THE Writ petition No. 2026 of 2001 as well as 2036 of 2001 had been filed by the appellants in Writ Appeal No. 8 of 2005 praying for a direction to the State respondents to fill up 27 posts of Child Development Project Officer (C. D. P. O.)/probation officer pursuant to the advertisement dated 19. 08. 1997 and also to fill up all anticipated vacancies that had arisen on or after the date of advertisement till the completion of selection process from amongst the candidates whose names appeared in the select list dated 17. 07. 2000. The Writ Petition (c) No. 4932 of 2001 has been filed by the appellants in W. A. No. 471 of 2003 challenging the cabinet memorandum dated 16. 06. 2000 circulated by the Commissioner and Secretary, Government of Assam, Social and Welfare department under Rule 17 of Assam Rules of Executive Business relating to the regularisation of 18 C. D. P. Os. / Probation Officer, who are appointed under regulation 3 (f) of Assam Public Service Commission (Limitation of function) Regulation 1951 and also praying for a direction to the official respondents to appoint the writ petitioners/appellants in the vacant/newly created post of C. D. P. Os. /probation Officer. Both the writ appeals have been taken up for hearing and disposal as in both the writ appeals the common judgment and order passed by the Single Judge has been challenged.

(3.) WE have heard Mr. P. K. Goswami, learned senior counsel appearing on behalf of the appellants in both the appeals, Mr. A. K. Phukan, learned Advocate General, Assam appearing on behalf of the State respondents, Mr. R. Dubey, learned counsel appearing on behalf of the respondent Nos. 4, 6, 7, 14 to 21 and Mr. A. M. Bazurbaruah, the learned counsel appearing on behalf of the respondent Nos. 5, 9, 10, 11, 12, 18 and 19 in Writ Appeal No. 471 of 2003.