STATE OF ASSAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ Appeal No. 380/94 arises out of judgment and order dated 8.9.93 passed by a learned Single Judge of this Court in Civil Rule Nos. 2439/90 and 2440/90, thereby allowing the writ petitions with the following directions: "(i) The petitioners and all other similarly situated persons shall be regularised in their services and confirmation will be done according to Rules within a period of 3 (three) months from today. (ii) The petitioners will be entitled to all other incidental benefits of regularisation and confirmation of service like leave facility, Provident Fund, Pension, Group Insurance Scheme, regular promotion to higher posts and other benefits which may be available to them, (iii) The petitioners will be entitled to the same ration money as available to the members of the State Armed Force of Assam. (iv) Kit allowances as available to the members of the Armed Force of the State of Assam shall also be made Available to the petitioners. All other benefits which will be available because of regularisation shall also be given to the petitioners. (v) All these things are to be sorted out by the Respondents within a period of 4 (four) months from today." Similarly, Writ Appeal No. 391/94 arises out of judgment and order dated 8.9.93 passed by a learned Single Judge of this Court in Civil Rule Nos. 2439 and 2440 of 1990 and Writ Appeal No. 494/94 arises out of judgment and order dated 13.7.94 passed by a learned Single Judge of this Court in Civil Rule No. 3795/91, thereby directing the respondent State to regularise the writ petitioners/ respondents in service as Home Guards and further restraining the State from removing them from service.

(2.) Writ Appeal No. 111/94 is directed against the judgment and order dated 14.6.93 passed by a learned single Judge of this Court in Civil Rule Mo. 277/91, by which the respondent- Appellants have been directed to consider the case of the petitioners regarding their confirmation in the light of the judgment and order passed in Civil Rule No. 51/88 and Civil Rule No. 397/90 within a period of two months from the date of passing of the order.

(3.) So far as the Writ Appeal Nos. 380/94, 391/94 and 494/94 are concerned, the direction issued by the learned single Judge, as quoted above, are common. It is only in Writ Appeal No 11v 96 that the direction made by the learned single Judge is for consideration of the Writ petitioner- respondents' case for confirmation in their services.