BHABEN MOHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS batch of writ petitions is relating to the selection and appointment to the post of Field Worker (FW)/superior Field Worker (SFW)/surveillance Worker (SW)/laboratory Technician/ Laboratory Assistant/driver under Health and Family Welfare (A) Department, Government of Assam. The petitioners in W. P. (C) No. 4833/06 (in short, "1st writ petition") are praying for a direction to the respondents to complete the process of selection initiated vide communication dated 17. 12. 2005 issued by the Joint Director of Health Services (Malaria), Assam to the Director of Employment and Craftsmen Training, Assam requesting to sponsor the candidates as well as the notices published in the newspapers, to publish the select list and also to make appointment pursuant to such select list. The petitioners in W. P. (C) No. 5221/06, W. P. (C) No. 5162/06, W. P. (C) No. 5163/06, W. P. (C) No. 5164/06, W. P. (C) No. 5035/06, W. P. (C) No. 5033/06, W. P. (C) No. 5032/06, W. P. (C) No. 5034/06, W. P. (C) No. 5473/06, W. P. (C) No. 5474/06, W. P. (C) No. 5475/06, W. P. (C) No. 5222/06, W. P. (C) No. 5574/06 and W. P. (C) No. 5211/06, (in short, "2nd batch of writ petitions") are challenging the decision of the Government dated 04. 09. 2006 to cancel the process of recruitment initiated by the aforesaid communication dated 17. 12. 2005 and also the notice published in the newspaper as well as the fresh advertisement dated 29. 09. 2006 issued by the Director of Health Services, Assam initiating a fresh process of selection, on the ground that the subsequent process of the selection initiated by the said notification is illegal and arbitrary and also on the ground that the fresh process has been initiated without there being any good and sufficient reasons for cancelling the earlier process. The petitioners in W. P. (C) No. 5253/06 (in short, "3rd writ petition"), who claim to be the Seasonal Workers engaged for a particular period of time in spraying DDT under a Government of India Scheme, have also challenged the process of selection initiated vide advertisement dated 29. 09. 2006 on the ground of its being vague as well as for not having a clause for giving due weightage to the services rendered by them as Seasonal Worker, in making selection to the post advertised, contending that they were discharging similar nature of duties under the Central Government Sponsored Scheme with that of the duties and responsibilities as SW/sfw. The petitioners in W. P. (C) No. 3070/06, W. P. (C) No. 2979/06, W. P. (C) No. 597/07, W. P. (C) No. 3792/06, W. P. (C) No. 3793/06, W. P. (C) No. 4715/06, W. P. (C) No. 4381/06, W. P. (C) No. 3592/06, W. P. (C) No. 3596/06, W. P. (C) No. 4710/06, W. P. (C) No. 4711/06, W. P. (C) No. 4713/06, W. P. (C) No. 2965/06, W. P. (C) No. 3597/06, W. P. (C) No. 4706/06, W. P. (C) No. 4727/06, W. P. (C) No. 4810/06, W. P. (C) No. 4382/06, W. P. (C) No. 3599/06, W. P. (C) No. 3798/06, W. P. (C) No. 5988/06, W. P. (C) No. 5380/06, W. P. (C) No. 5381/06, W. P. (C) No. 5382/06, W. P. (C) No. 5726/06, W. P. (C) No. 5723/06, W. P. (C) No. 5728/06, W. P. (C) No. 5731/06, W. P. (C) No. 6249/06, W. P. (C) No. 5377/06, W. P. (C) No. 6247/06, W. P. (C) No. 6246/06, W. P. (C) No. 6242/06, W. P. (C) No. 5378/06, W. P. (C) No. 5990/06, W. P. (C) No. 5383/06, W. P. (C) No. 5379/06, (in short, "4th batch of writ petitions") praying for a direction to streamline the process for selection process for engagement as FW/sfw for DDT Spray Work and also to give due weightage to the period of service rendered by them in making selection for regular appointment to the posts of FW/sfw. The petitioners in W. P. (C) No. 34/06, W. P. (C) No. 429/06, (in short, "5th batch of writ petitions") who also claim to have worked as DDT Spray Worker under the Government of India Scheme, challenge the earlier process of selection initiated vide communication dated 17. 12. 2005 issued by the Joint Director (Malaria) requesting the Employment Exchange to sponsor the candidates as well as the employment news dated 22. 12. 2005 published in the newspaper on the ground that such communications/notifications do not contain any clause giving due weightage to the services rendered by them as DDT Spray Worker under the Government of India Scheme and also prays for issuance of a direction to the respondent authorities to give weightage to their past services as DDT Spray Workers.

(2.) I have heard Mr. A. B. Choudhury, the learned Sr. counsel, Mr. M. Bhuyan, Mr. U. K. Nair, Ms. B. Devi, Mr. A. Rashid and Mr. S. Chouhan, the learned counsel appearing on behalf of the petitioners in different writ petitions and also Mr. N. Dutta, the learned Sr. counsel assisted by Mr. D. Saikia, the learned counsel appearing on behalf of the respondents.

(3.) AS agreed to by the learned counsel for the parties and as the writ petitions are relating to the selection and recruitment to the aforesaid posts, all the writ petitions are taken up together for hearing and disposal.