ACHYUT CH PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) This bunch of appeals arises out of the judgment and order dated 23.9.98, passed by the learned Single Judge disposing of a number of Civil Rules No. 4411 of 1995 and others, by above noted common judgment, since the points involved for consideration were common to all the petitions. The appellants are aggrieved by a part of the order of the learned Single Judge, which relates to the question of regularisation of services of the employees working on contingent/daily wages/ muster roll/work charge basis, having been appointed after 1.4.1993. In all the appeals same questions are involved; hence they have been bunched together and they are being disposed of by this common judgment.

(2.) We have heard Shri A.K. Phukan, Shri N. Dutta, Shri K.N. Choudhury, Shri R. Gogoi, Shri B.K. Sharma, Dr.H.Das, Shri B.P. Kataky, Shri M.K. Choudhury, Shri D.R. Gogoi, and Shri D.S. Bhattacharyya, learned counsel appearing for the appellants in the respective appeals, as well as Shri B.C. Das, learned Addl. Sr. Govt. Advocate, Assam appearing for the respondents.

(3.) In all the petitions filed by the employees they are working on contingent/daily wages/ work charge/muster roll basis continuously for long periods, the petitioners had prayed for their regularisation in the services. Such employees were engaged by different Departments of the Government, namely, Public Works Department(PWD), Irrigation Department, Forest Department, Public Health Engineering Department(PHE Deptt.), etc. Learned Single Judge has gone into the merit of the matter in some detail, more particularly, in reference to the provisions as contained in the Assam Public Works Department code, relating to engagement on contingent/ work charge/daily wage basis. In the other departments, it has been found that no such code or regulatory provisions are available. However, there was no denial of the fact that in all these Departments thousands of employees had been appointed and have been working since long durations. It has also been found that in the PW Department, persons in excess of requirement had been engaged by the officers concerned at their level. Learned Single Judge has found, and rightly, that mere fact of long continuance by itself would not be sufficient to regularise the services of an employee unless posts duly sanctioned exist and are available for their being filled up on regular basis. The petitioners, as found, had been engaged for performing work on non- regular basis according to the exigency and the need of the moment for doing the work till the completion of a particular project or to meet any other requirement of temporary nature.