AMAR DEY v. THE STATE OF ASSAM & Ors.

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA 24-07-2025 ORDER Heard Mr. PK Roy, learned Senior Counsel assisted by Mr. SK Chakraborty, learned counsel for the petitioners. Also heard Mr. B. Chowdhury, learned Standing Counsel, Agriculture Department. Page No.# 2/7

2. The petitioners were initially recruited as Muster Roll workers and subsequently, were regularized as Grade-IV employees in the Department of Agriculture, Government of Assam. The petitioners have sought for promotion to the next higher post of Grade-III, however, their cases were not considered on the ground that their regularization have been made on personal post and therefore, they are treated to be ex-cadre and therefore, they are not entitled to be promoted to the next higher post. While the matter was pending, the Department of Agriculture by communication dated 11.06.2015 issued a guideline for filling up the post of Supervisory Assistant, Senior Assistant, Junior Assistant (District Level) until finalisation of the Service Rules. Meanwhile, the similarly situated persons like the writ petitioners had approached this Court by filing a bunch of writ petitions where the leading case is WP © No.4133/2012 (Smt. Kiran Bhuyan and Others vs. State of Assam & Others). As per the guideline dated 11.06.2015 issued by the Director of Agriculture, Assam, although the procedure was reflected therein, it was indicated that no incumbents from personal post (Regularized from MR Worker) will be included in the gradation list (for qualified Grade-IV) until finalisation of the Court case No. WP(C) No.4133/2012 i.e. Smti. Kiran Bhuyan and others vs. State of Assam & Others.

3. The respondents have not filed any counter affidavit, however, at the time Page No.# 3/7 when the matter called upon on 22.07.2025, learned counsel for the parties verbally submitted before the Court that the Coordinate Bench by order dated

19.10.2023 had disposed of WP(C) No.4133/2012 and Other similar matters. Learned counsel for the petitioners submits that in view of the disposal of the said writ petition, it will now be open for the Directorate of Agriculture, Assam, to take up the cases of the writ petitioners for including their names in the gradation list for regularization of their service in Grade-IV as per the guideline notified by the Communication dated 11.06.2015. Learned Senior Counsel for the petitioners, therefore, submits that the writ petition be closed in terms of the direction issued in WP(C) No.4133/2012 (Smti. Kiran Bhuyan and others) by the judgment and order dated 19.10.2023 and the petitioners be permitted opportunity to file their necessary applications before the respondent authority for including their names in the gradation list and qualifying in Grade-IV service in terms of the guidelines laid down in the communication dated 11.06.2015.

4. This submission is not objected to by the learned Standing Counsel, Agriculture Department.

5. A Coordinate Bench by judgment and order dated 19.10.2023 had disposed of WP(C) No.4133/2012 (Smti. Kiran Bhuyan and others). The relevant paragraphs of the said judgment are extracted below: Page No.# 4/7 “11. In the case in hand, the State has regularized the services of the petitioners in the Grade IV, though they have been employed and rendering their services as Grade III employees. It is also undisputed that the petitioners are not lacking any qualification or bore any blemish during their employment for over three decades. The facts also remain that in the Irrigation Department, similarly situated persons who were regularized as Grave IV employees have been promoted to Grade III against available sanctioned vacancies and such facts are crystal clear from the annexure N-Colly of WP(C) 5022/2012.

12. In view of the aforesaid, this court is of the view that the petitioners are deprived of their right as discussed hereinabove. Not only equity demands that the petitioners are required to be granted the service benefits, which is made entitled for Grade III employees under the State but also that the petitioners have acquired a right to be treated as so, for the reasons that admittedly, the petitioners are having the required qualifications for service as Grade III employees and that they have been serving as Grade III employees with effect from their initial engagements and continued to perform so till date, evenafter the date of their regularization of services as Grade IV employees by the authorities. Therefore, this court would be failing in its duty if it does not notice such equitable consideration. Such a failure and any other approach than as discussed hereinabove would render the High Court a normal court of appeal which it is not.

13. In view of the foregoing reason and discussion, this court directs the following: I. The petitioners shall be deemed to have been regularized as Grade III employees with effect from the date of their regularization i.e. 05.10.2005, taking note of the peculiar facts and circumstances of the present case as discussed hereinabove. If administrative exigency demands, post personal to the petitioners may also be created. II. They shall also be given all consequential benefits including back wages from the date of their approaching this Court by filing the first writ petition i.e WP(C) 4133/2012 inasmuch as they have approached this Court in the year 2012, though the first cause of action arose in the year 2005. III. The order dated 13.11.2015 bearing No. AGRI/Esstt./7005/2015/16/5, which is under challenge in WP(C) 7184/2015 whereby the petitioners were asked to work as Grade IV employees, is accordingly set aside. IV. In view of the aforesaid decision, nothing remains to be decided in WP(C) No.5022/2012 and therefore, the same is closed as infructuous. V. The entire exercise as directed herein above should be carried out within a period of 6 (six) months from the receipt of a certified copy of this judgment and order to be furnished by the petitioners before the respondent authorities, more particularly the respondent No.1 and Page No.# 5/7 respondent No.3. VI. While parting with the records, it is made clear that the present order is in respect of the present petitioners only and that same will not cover any other similarly situated person, who have not approached this Court and shall not be treated as precedent.

14. Accordingly, these writ petitions are disposed of with the aforesaid terms. Parties to bear their own costs.”

6. The guidelines issued by the Department by the communication dated

11.06.2015 is also extracted below for convenience: Government of Assam Directorate of Agriculture No. Agri/Esstt/5097/Vol-l/2015/69 Dated : 11/06/2015 Guide Line for filling up the post of Supervisory Assistant, Sr. Asstt. & Jr. Asstt. (Dist. Level) until finalization of the Service Rules: - 1) The post of Supervisory Assistant in the District Offices will be filed up by the senior most Sr. Asstt. (Dist Level) from the concerned District where vacancy arises. In case of any inability shown by the senior most or selected candidate then next will be considered accordingly. In this regards proposal may be submitted along with authenticated documents to the Director of Agriculture, Assam, Khanapara, Guwahati- 22 for consideration and necessary approval. 2) The post of Senior Assistant (District Level) in the District/Sub-Division Offices (Agril & Engineering wing) will be filled up on promotion by the Head of District i.e. District Agriculture Officer and the post of Senior Assistant (District Level) in the Zonal Offices will be fill up on promotion by the Joint Director of Agriculture. (Zonal) until finalization of the Service Rules amongst the senior most Jr. Asstt. (Dist Level) from the concerned district where vacancy arises. In case of any inability shown by the senior most or selected incumbent then next will be considered for promotion subsequently. In this regards following procedure may be followed - i) Prepare a Post Based Roster Register for each category (Sr. Asstt./Jr. Asstt./Gr-IV) in compliance with the Assam Schedule Cast and Schedule Tribes (Reservation of Vacancies and Services of Posts) Amendment Act, 2012 O.M. No. TAD/BC/68/2011/Pt-I/136, dtd 04-11- 2013 and Amendment Act, 2014 vide O.M. No. TAD/BC/68/2011/Pt-1/146, dtd.29-12-2014 and submit for concurrence of Personal (B) Deptt. and approval of WPT & BC Department to the Govt. of Assam, Dispur, Guwahati-5 through the Director of Agriculture, Assam, Khanapara, Guwahati-22. (Model Roster enclosed) Page No.# 6/7 ii) Prepare a provisional Gradation/Seniority List of each category (S. Asstt /Jr. Asstt./Gr-IV) considering seniority (date of joining) under the district and after approval circulate in all offices and person concerned within the district for information and necessary action. For any wrong information placed in the said list objection may be submitted within the 30 (thirty) days from the date of publication of the list without which the list may be treated as Final. Please note that no incumbents / from personal post (Regularized from MR Worker) will be included in the Gradation List (for qualified Gr-IV) until finalization of the Court Case No. WP(C) No.4133/2012 Smti. Kiran Bhuyan & Others against State of Assam & Others. III) Construct a District Selection Committee for promotion as below - A) Chairman - The Joint Director of Agriculture (Zonal) / District Agricultural Officer (Which is applicable) or Sr. most departmental officer available in the district may be nominated by the appointing authority. B) Member Secretary - An officer belonging to the concerned office, where vacancies arise in the district. C) 3 Nos Member - Officers in the rank of EE/SDAO/AEE belonging to the concerned offices, where vacancies are arising. 3) After then proposal may be submitted to the Director of Agriculture, Assam, Khanapara, Guwahati- 22 for consideration and necessary approval as 1:4 ratio of candidates (numbering 4 times against the vacancies fallen) under zone of consideration for promotion along with minutes of District Selection Committee meeting and authenticated documents. 4) After approval separate promotional order may be issued by the appointing authority.”

7. Considering the submissions made by the learned counsel for the parties and in view of the clear indication in the guidelines dated 11.06.2015 that because of the pendency of the writ petition i.e. WP(C) No.4133/2012 no incumbents from personal post (Regularized from MR Worker) will be included in the gradation list (for qualified Grade-IV) until finalisation of the Court case No. WP(C) No.4133/2012 i.e. Smti. Kiran Bhuyan and others vs. State of Assam & Others, since the writ petitions filed by Smt. Kiran Bhuyan and others have been disposed of with directions which are extracted above, the respondents Page No.# 7/7 authorities will also proceed to consider the claims of the writ petitioners by including their names in the gradation list for regularasition in Grade-IV workers in terms of the guide lines dated 11.06.2015. In view of the judgment and order dated 19.10.2023 passed in WP(C) No.4133/2012 (Smti. Kiran Bhuyan and others) the writ petitioners are permitted to file their necessary legible representation along with the certified copy of this order before the Director of Agriculture, namely, the respondent no.2. The respondent no.2 will thereafter consider the claims of the petitioners and pass appropriate orders within a period of 4 (our) weeks thereafter.

8. With the above observations and directions, the writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant