UJJAL KUMAR PRADHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Prasad, learned Amicus Curiae for the petitioners. Also heard Mr. A.K. Bhuyan, learned standing counsel for the BTC as well as Mr. S. Bharali, learned Addl. Senior Govt. Advocate appearing for the state respondents.

(2.) The petitioners herein claim that some of them, being petitioners Nos. 1 to 9, had worked as Grade-IV worker in the Srirampur M.V. Checkgate, where they were engaged as Gateman, Tax/Cash Collector etc., whereas the petitioner Nos. 10 and 11 had worked as Grade-III worker on being engaged as Common Money Collector. It is stated that Checkgates were being operated under the Transport Department, Govt. of Assam. The claim of the petitioners is that since they have been working from 1991-1992 and 1992-1993, a right to be regularized had accrued in their favour. A further claim has been made that the workers who were similarly situated, had already been regularized.

(3.) It is noticeable that no such appointment letter or any engagement letter has been annexed to the writ petition and the entire statement that the petitioners have been engaged as such is based on their averment made in the writ petition. The petitioners also refer to a communication dated 16.10.1998 from the In-Charge of Srirampur M.V. Checkgate addressed to the Commissioner of Transport Assam, by which certain requests were made for creation of some posts to be made available in the Srirampur M.V. Checkgate.