DILIP TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Islam, the learned Counsel appearing for the appellants in the WA No.124/2015. The Appellants in the WA No.111/2016 are represented by the learned Counsel Mr. S.K. Talukdar. The respondents are represented by Mr. B. Goswami, the learned Standing Counsel for the Water Resource Department.

(2.) The challenge in these two appeals is to the common judgment rendered on 16.3.2015 in the WP(C) NO.2416/2014 and in the WP(C) No.3416/2014, whereby, the learned Single Judge found no merit in the writ petitioners' claim for promotion from Grade-IV (Khalasi) to the post of Section Assistant (Grade-III) in the Water Resource Department. Thus the writ petitions came to be dismissed under the impugned judgment dated 16.3.2015.

(3.) The writ petitioners were serving as Work-Charge (WC)/Muster Roll (MR) workers since before 1.4.1993 and in pursuant to the Cabinet decision to regularise the service of this category, working in different Government departments, requisite number of posts were created for regularization of the eligible incumbents, under the communication dated 22.8.2005 of the Finance (EC-II) Department. In the Guideline appended to the Government order, Clause-5 stipulated that the posts are personal to the respective WC/MR workers and will be abolished as soon as the incumbent relinquished the post in any manner.