LAWS(GAU)-2018-1-189

NOWSHAD ALI AND 29 ORS S/O LT SHOHAR ALI Vs. STATE OF ASSAM AND ORS REP BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM

Decided On January 17, 2018
Nowshad Ali And 29 Ors S/O Lt Shohar Ali Appellant
V/S
State Of Assam And Ors Rep By Commissioner And Secretary To Govt Of Assam Respondents

JUDGEMENT

(1.) Heard Mr. AK Purkayasthya, the learned counsel for the petitioner and Dr.B Ahmed, the learned counsel for all the respondents.

(2.) The case of the petitioners in brief is that they were engaged as Work Charge Helpers under the office of the Executive Engineer, Goalpara, Investigation Division, (Irrigation) Department, Goalpara in the year 1981. According to the petitioners, the State Government took a policy decision for regularizing the Work Charge Helpers and Muster Roll Workers. The policy decision was circulated by the Department of Personnel (B) vide Circular dated 20.04.1995 (Annexure-1) amongst others. As per the circular, the cases of those workers who were entertained before 01.04.1993 were to be considered for regularization in consultation with the Finance Department. The respondents instead of regularizing the service of the petitioners discontinued their engagement and therefore, they have approached this Court through the instant writ petition for their reinstatement and regularization of their services besides seeking release of their salaries as per the circular dated 20.04.1995.

(3.) Mr. AK Purkayasthya appearing for the petitioners submits that inspite of regularization policy of the State Government, the case of the petitioners were left out and they were not considered for regularization. Instead of regularization of their services they were disengaged from their service. He therefore submits that a direction be issued to the respondent authorities to reinstate the petitioners in view of the circular dated 20.04.1993.