ARPAN CHETIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. K. Nair, the learned senior counsel appearing for the petitioner. The State respondent Nos.1-3 are represented by Ms. M. Bhattacharjee, the learned Govt. Advocate. The private respondent Nos.4-26 are however not represented.

(2.) The petitioner was temporarily appointed on 5.1987 (Annexure-A) as Junior Engineer (J.E.), on ad hoc basis under the Assam Public Services (Ad-hoc) Appointment Rules, 1986 (hereinafter referred to as 'the APSC Ad-hoc Rules') in the erstwhile Directorate of Rural Development Department. The appointment order provided scale of pay at Rs.620-25-745-EB-35-1315 P.M. and during initial years, the J.E. was granted due increments from time to time. But since 1997, as his service was not regularized his salary was pegged at the first stage of the pay scale. The ad-hoc appointee superannuated on 1.10.2012 and he seeks direction for retrospective regularization of service as a J.E., so that service benefits by way of pension etc., can be received by him.

(3.) The private respondent Nos.4-26 were engaged as J.Es. on muster roll/ casual basis in the Panchayat & Rural Development (P. & R.D.) Department but under the Notification dated 26.2.2003 (Annexure-D), their services were regularized. The departmental counter affidavit filed on 30.5.2011 reflects that 23 J.E.s were regularized in service through a Cabinet Decision and also because of the High Court's direction dated 29.1998, in the Civil Rule No.4411/95, in respect of muster roll/casual employees. Only those of this category engaged prior to the cutoff date of 1.4.1993, were considered for regularization. Reference is also made in the departmental affidavit to the Court's direction dated 4.1997, in the Civil Rule No.2278/1993, for the regularization of the muster roll/casual J.E.s in the P. & R.D. Department.