Tulan Borthakur and 12 Ors v. State of Assam and 4 Ors

ORDER Date : 22/09/2023

Heard Mr. M. Smith, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned Additional Senior Government Advocate appears for respondents.

¶2The claim of the writ petitioners is for a direction to regularize their services which they have been rendering as a Muster Roll Workers since their Page No.# 4/5 date of appointment in the office of the Directorate of Handloom and Textile Department. In spite of rendering continuous service without any blame or blemish, the case of the petitioners have not been considered for regularization.

¶3The respondent Nos. 1 and 3 has filed their affidavit contesting the claims of the petitioners. According to the respondents in terms of the Government Office Memorandum No. FEC(II)49/2010/118, dated 16.06.2012 the following resolutions were taken:- "(1) No more regularization of services of Worked Charged, Muster Roll or similarly placed workers can be undertaken by the state Government even if such workers were engaged prior to 01-04-1993 and rendered continuous service without break.

(2) No more regularization can be undertaken by supernumerary post for one day in respect of those work charged and Muster Roll workers who were engaged prior to 01-04-1993 but died or attained the age of superannuation after rendering continuous services uninterruptedly".

¶4Mr. M. Smith, learned counsel for the petitioners submits that in the meantime, a Division Bench of this court had rendered a Judgment dated 8th June, 2017 passed in W.A. 45/2014 rendered in the case of State of Assam -vs-Upen Das and Others.

¶5Mr. M. Smith, learned counsel for the petitioners submits that the petitioner is also entitled to the benefits granted by this Court in Upen Das (Supra). Paragraph 22 of the Judgment of Upen Das (Supra) is reads as under:- " It is, however, heartening to learn that the State Government has agreed not to terminate the Muster Roll, Work Charged and similarly placed employees working since last more than 10 years (not in sanctioned post) till their normal retirement, except on disciplinary ground or on ground of criminal offences. The State Government has also agreed to enlist such employees in Health and Accidental and Page No.# 5/5 Death Insurance Scheme, which will be prepared in consultation with the State Cabinet. We appreciate this positive stand of the State Government taken as welfare measures for the betterment and security of the employees, in question. We, accordingly, direct the State Government to implement the measures without further delay. Besides this, we, in the light of decision of the Supreme Court in State of Punjab vs. Jagjit Singh, (2017) 1 SCC 148, also direct the State Government to pay minimum of the pay scale to Muster Roll workers, Work Charged workers and similarly placed employees working since last more than 10 years (not in sanctioned post) with effect from 1.8.2017."

¶6Mr. R. Dhar, learned Additional Senior Government Advocate appearing for the respondents does not object to the prayer made.

¶7In that view of the matter, this Court is of the view that since the reliefs sought for similar and since the petitioners are also Muster Roll Workers, the writ petition can be closed, directing the respondents to carry out the directions in terms of the Judgment and Order passed in W.A. 45/2014 rendered in the case of State of Assam -vs-Upen Das and Others.

¶8It is, however, made clear that before any orders are passed in terms of the directions contained in Upen Das (Supra), the respondent authorities are entitled to carry out a proper verification to find out if the petitioners are still entitled to the claims as prayed for.

¶9In the event, they are entitled the benefits as conferred in terms of the directions contained in Upen Das (Supra). Accordingly, the writ petition stands disposed of in terms of the above.

¶10Interim order, if any, stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010255402013 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/569/2013o TULANoBORTHAKURoando12oORS.o S/OoJUGENoBORTHAKUR,oVILL.JYOTINAGAR,oP.O.oBARIKoSUBURI,o P.S.TEZPUR,oDIST.oSONITPUR,oASSAM. 2:oBIJULIoTAMULY oC/OoSRIoBHUPENoBORA oVILL.oandoP.O.oJATIYA oP.S.oDISPUR oDIST.oKAMRUP 3:oSAHAoJAHANoPARAMANIK oS/OoAJIJURoRAHMAN oNAGAONo782001 4:oPURNAoKANTAoSARMAH oS/SOLT.oSUCHARoCH.oSARMAH oVILL.oHALDHEBARI oP.O.DAMDUA oMORIGAONo782104 5:oAKHILoCH.oBARMAN oS/OoSRIoGANESHoBARMAN oVILL.oCHAKBOUSHI oDIST.oBARPETAo781317 6:oMD.HUSSAINoALI oS/OoLT.oAKKELoALI oVILL.BHAKUATEPAoP.O.oRAULI oP.S.SARTHEBARI oDIST.oBARPETA o781309 PageoNo.#o2/5 7:oSMT.oJOSHNAoDAS oW/OoSRIoKHANINDRAoTHAKURIA oVILL.oP.O.oPATBOUSHI oP.S.BARPETAo781301 8:oNRIPENoKALITA oS/OoLT.oPRAFULLAoRAMoKALITA oVILL.GHARPURAoCHUBURI oP.O.oandoP.S.TEZPUR oDIST.oSONITPUR o784001 9:oSATYAoRAMoDAS oS/OoLT.KRISHNAoKANTAoDAS oVIL.oCHOUTARA oP.O.oBHULUKADOBA oP.S.oSORBHOG oDIST.oBARPETAo781317 10:oSMT.oASHALAoDEKA oD/OoLT.KANAKoCH.DEKA oVILL.oCHUTIAPARA oP.O.oBHELLA oP.S.BARPETA 11:oNURUDDINoAHMED oS/OoLT.MAINUDDINoAHMED oVILL.o2oNO.oBHELKAR oP.O.oBHELKARoBAZAR oP.S.oHAJO oDIST.KAMRUPo781102 12:oMD.oTAMIJUDDINoAHMED oS/OoLT.oNAYABoALI oVILL.NO.o2oSOLMARI oP.O.oBHELKARoBAZAR oP.S.oHAJO oDIST.oKAMRUPo781102 13:oSMT.oSABITAoDAS oD/OoJATINDRAoNATHoDAS Page No.# 3/5 VILL. and P.S. GANAK KUCHI P.S. BARPETA BARPETA VERSUS STATE OF ASSAM and 4 ORS. REPRESENTED BY THE SECY. TO THE GOVT.OF ASSAM, HANDLOOM AND TEXTILES DEPTT., DISPUR, GUWAHATI-6 2:THE COMMISSIONER AND SECY. TO THE GOVT OF ASSAM FINANCE. 3:THE DIRECTOR HANDLOOM AND TEXTILES AMBARI GUWAHATI-1 4:THE REGISTRAR DIRECTORATE OF HANDLOOM AND TEXTILES ASSAM GUWAHATI-5 5:THE FINANCE AND ACCOUNTS OFFICER DIRECTORATE OF HANDLOOM AND TEXTILES ASSA GUWAHATI- Advocate for the Petitioner : MR.A C BORBORA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA