Judgment · High Court

Heard Mr. T. J. Mahanta, learned counsel for the petitioners. Also heard Mr. J. Handique, learned State Counsel, Assam for the respondents. Petitioners are serving as Mohorrar and Junior Assistant Mohorrar on wor k-charge basis since 1985-87 under the Executive Engineer, Industries and Commer ce Department, Assam. They are aggrieved by non-regularization of their services for last more than 25 years. Annexure-8 to the writ petition is a letter dated 05.06.2010 issued by t he Commissioner of Industries & Commerce and addressed to the Commissioner & Sec retary to the Government of Assam, Industries and Commerce Department stating th at 4 (four) vacant posts of Mohorrar are required to be filled up by candidates from work-charge establishment in order of seniority. The petitioners were propo sed to be regularized against the 4 (four) vacant posts as they were the senior most work-charge Mohorrar. Affidavit filed by respondent Nos. 2 & 3 discloses that a proposal for r egularization of the services of the petitioners was submitted to the Government as far back as on 11.06.2001. Decision of the Government is awaited. Mr. Mahanta submits that the petitioners are continuing their service on work-charge basis without any break for last more than 25 years without the sup port of any Court order. Petitioners have the eligibility to be appointed as Moh orrar. The Hon’ble Supreme Court in the case of State of Karnataka -Vs- M. L. K esari reported in (2010) 9 SCC 247, explaining the judgment in Uma devi [(2006) 4 SCC 1], has clarified in no uncertain terms that the Government or instrumenta lity concerned is obliged to take steps to regularize the services of all those persons who have worked for more than ten years as on 10.04.2006 (the date of de cision in Umadevi) without the protection of any interim order of any Court or t ribunal in vacant posts possessing the requisite qualification as a one-time mea sure. Learned State counsel has not been able to show any distinguishing featu re in the present case. In view of above, this writ petition is disposed of by directing respond ent Nos. 1 & 2 to complete the process of regularization of the petitioners with in a period of 4 (four) months from the date of receipt of a certified copy of t his order. Writ petition accordingly stands allowed.