HUSSAIN ALI KHANDAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. B.R.A. Sultana, learned counsel appearing on behalf of the petitioner and Ms. V.L. Sinta, learned counsel appearing on behalf of the respondents.

(2.) Brief facts leading to the filing of this case are as follows: The petitioner was appointed as a casual Grade-III employee in the office of Chamaria Revenue Circle on fixed pay of Rs. 900.00 vide appointment order dated 4-8-92, issued by the Additional Deputy Commissioner, Kamrup and he joined his service on 7-8-92. The petitioner was released from his service, vide order passed by the Deputy Commissioner, Kamrup on 31-5-93 and he challenged the said order by filing a writ petition being Civil Rule No. 2288/93. This Court, vide order dated 27-9-94, allowed the said Civil Rule and directed the respondents to accommodate the petitioner subject to availability of vacancy. A copy of the order of this Court passed in Civil Rule No.2288/93 is at Annexure-D of the writ petition. In view of the said order dated 27-9-94 of this Court and on getting Government instruction vide letter No.GAG(B) 167/93/38 dated 28-6-95, the petitioner was again appointed as a casual employee on monthly fixed pay of Rs. 900.00 by the Deputy Commissioner, Kamrup. A copy of the said appointment order is at Annexure-E of the writ petition. The petitioner submitted representations on 18-7-96, 27-4-98, 17-11-98 and 15-10-99 to the concerned authorities praying in effect for regularisation of his service as done in the case of similarly situated persons.

(3.) Being aggrieved by the failure on the part of the respondents to consider his prayer made in the said representations favourably and alleging discrimination and lack of fair play on the part of the respondents, this writ petition has been filed praying for an appropriate writ or order directing the respondents to regularise his service as LDA- cum-Typist and also to allow him to get service benefits with effect from the date of his joining service as casual grade-III employee. According to the petitioner, he has served as a casual employee for the last more than 6 (six) years and he has been trying to get confirmation of his service by approaching the respondents many times. Further, according to the petitioner, some of his colleagues who were similarly situated with him, approached this Court vide Civil Rule 4412/95 and obtained favourable order dated 10-7-96 leading to regularisation of their services by the office of the Deputy Commissioner, Kamrup under Government of Assam vide memo No. KPE 53/93/330 dated 18-3-98.