DISTRICT- LAKHIMPUR vs REP. BY THE COMMISSIONER AND SECETARY TO THE GOVT. OF ASSAM,

5: SHRI DINESH CHANGMAI S/O SHRI JAYCHANDRA CHANGMAI VILLAGE - SAPATIA GOROIMARI P.O.- SAPATIA DISTRICT- LAKHIMPUR Page No.# 2/10 ASSAM PIN-787058. 6: SHRI GHANA KANTA CHETIA S/O SHRI DEBENDRA CHETIA VILLAGE - SAPATIA P.O.- SAPATIA DISTRICT- LAKHIMPUR ASSAM PIN- 787058. 7: SHRI BIDYADHAR GOGOI S/O LATE BHULA GOGOI VILLAGE - BORPATARIA P.O.- DHEMAJI DISTRICT- DHEMAJI ASSAM PIN- 787057 8: SHRI DIBYA CHUTIA S/O SHRI NITYANANDA CHUTIA VILLAGE - MARIDHAL P.O.- MARIDHAL DISTRICT- DHEMAJI ASSAM PIN- 787057 9: SHRI DIPANKAR KONWAR S/O SHRI KAMAL KONWAR VILLAGE - JORKATA CHAMUAH P.O.-MACHKHOWA DISTRICT- DHEMAJI ASSAM PIN- 787058. 10: SHRI GHANA KANTA GOGOI S/O SHRI PADMESWAR GOGOI VILLAGE - GOWAL CHAPORI P.O.-GOWAL CHAPORI DISTRICT- DHEMAJI ASSAM PIN- 787057. 11: SHRI HEMANTA CHETIA S/O SHRI DINANATH CHETIA VILLAGE - LAMUGAON P.O.-GHILAMARA DISTRICT- LAKHIMPUR Page No.# 3/10 ASSAM PIN-787053. 12: SHRI HAREN BORO S/O SHRI MAHAN BORA VILLAGE - BAKAL GAON P.O.-KHUBALIA DISTRICT- DHEMAJI ASSAM PIN- 787057. 13: SHRI RAJESH GOHAIN S/O SHRI JOYCHANDRA GOHAIN VILLAGE - CHETIA GAON P.O.- GHILAMARA DISTRICT- LAKHIMPUR ASSAM PIN- 787053. 14: SHRI BHABEN BURAGOHAIN S/O SHRI MAKHAN BURAGOHAIN VILLAGE - BHEHPARA P.O.- DHEMAJI DISTRICT- DHEMAJI ASSAM PIN- 787057 15: SHRI JITEN KONCH S/O SHRI SIDANANDA KNOCH VILLAGE -PATHALIAL P.O.- MACHKHOWA DISTRICT- DHEMAJI ASSAM PIN- 787058. 16: SHRI DEBANANDA KONCH S/O SHRI TEPURAM KNOCH VILLAGE - RANGACHILA P.O.-MACHKHOWA DISTRICT- DHEMAJI ASSAM PIN- 787058. 17: SHRI KAMAL BORGOHAIN S/O SHRI DULAL BORGOHAIN VILLAGE - GOWAL CHAPORI Page No.# 4/10 P.O.-GOWAL CHAPORI DISTRICT- DHEMAJI ASSAM PIN- 787057. 18: SHRI NIREN GOGOI S/O SHRI LAKHYA CHANDRA GOGOI VILLAGE - RANGKOP P.O.-BULAKATA GOHAINGAON DISTRICT- DHEMAJI ASSAM PIN- 78757 . 19: SHRI PHILIPS BORSAIKIA S/O SHRI RUHINI BORSAIKIA VILLAGE - HAWALIGAON P.O.- HAWALI BUTIKUR DISTRICT- DHEMAJI ASSAM PIN- 787057. 20: SHRI NEHARU KAMAN S/O SHRI TARUN CHANDRA KAMAN VILLAGE - BILMUKH P.O.-BILMUKH DISTRICT- LAKHIMPUR ASSAM PIN- 787056. 21: SHRI KAMAL KACHARI S/O SHRI LAKHINATH KACHARI VILLAGE -MECHUKACHARI GAON P.O.- SISIBOR GAON DISTRICT- DHEMAJI ASSAM PIN- 787057. 22: SHRI ADITYA SONOWAL S/O SHRI PADMADHAR SONOWAL VILLAGE -2 NO SILA GAON P.O. SILAPATHAR DISTRICT- DHEMAJI PIN- 787057. 23: SHRI DIPEN CHANGMAI S/O SHRI LAKESHWAR CHANGMAI VILLAGE - BORMUTHANI P.O.-KHALIHAMARI Page No.# 5/10 DISTRICT- DHEMAJI ASSAM PIN- 787057. 24: SHRI BIPIN KONCH S/O LATE MAHESWAR KONCH VILLAGE -CHOWAKHAM P.O.-MACHKHOWA DISTRICT- DHEMAJI PIN- 787058. 25: SHRI BADAN KONCH S/O SHRI LAWRAM KONCH VILLAGE -CHOWAKHAM P.O.-MACHKHOWA DISTRICT- DHEMAJI PIN- 787058. 26: SHRI SIDHARTHA BARUAH S/O SHRI NAGEN CHANDRA BARUAH VILLAGE -RAMALPUR P.O.-JONAI DISTRICT- LAKHIMPUR PIN- 787057. 27: SHRI NABIN DEORI S/O SHRI BHAGYABAN DEORI VILLAGE -DHUNAGURI P.O.-SILAPATHAR. DISTRICT- DHEMAJI PIN- 787057 28: SHRI HERAK JYOTI DUTTA S/O BANGSHIDHAR DUTTA VILLAGE -JALBHARI P.O.- DHAKUWAKHANA. DISTRICT- LAKHIMPUR PIN- 787055. 29: SHRI ARABINDRA DAS S/O SHRI KHAGEN DAS VILLAGE -KAPAHUA P.O.-KHUBALIA DISTRICT- DHEMAJI ASSAM PIN- 787057. Page No.# 6/10 30: SHRI SUMESWAR MILI S/O SHRI NAKURAM MILI VILLAGE -LAKHIPUR P.O.-SILABARI DISTRICT- DHEMAJI ASSAM PIN- 787057 31: SHRI AJOY MISONG S/O SHRI TIRTHA MISONG VILLAGE - LAKHIPUR P.O.-SILAPATHAR DISTRICT- DHEMAJI PIN- 787057. 32: SHRI MOHESH MEDAK S/O SHRI MUNIBR MEDAK VILLAGE - KARDANG NAGAR P.O.-GOGAMUKH DISTRICT- DHEMAJI ASSAM PIN- 787057. 33: SHRI BIREN CHANDRA KAMAN S/O SHRI TILESWAR KAMAN VILLAGE - MEDAKGAON P.O.- BALIMUKH DISTRICT- LAKHIMPUR PIN- 787056. 34: SHRI DIPEN SAIKIA S/O SHRI POWAL SAIKIA VILLAGE - TEKJURI P.O.- BISNUPUR DISTRICT- DHEMAJI ASSAM PIN- 787057. 35: SHRI DIBYAJYOTI PAYENG S/O LATE NILAMBOR PAYENG VILLAGE - BATICHUCK P.O.- KUMBANG DISTRICT- LOKHIMPUR ASSAM PIN- 787057. Page No.# 7/10 36: SHRI PARCHIN TAMULI S/O GIRNDRA TAMULI VILLAGE -NAGAKHELIA P.O.- NAGAKHELIA DISTRICT- DHEMAJI PIN- 787055 37: SHRI PRADIP BORUAH S/O SUREN BORUAH VILLAGE - GOBINDAPUR P.O.-GOBINDAPUR DISTRICT- LAKHIMPUR PIN- 787055 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER and SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE UNDER SECRETARY TO THE GOVERNMENT OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI - 781006. 4:THE CHIEF ENGINEER IRRIGATION DEPARTMENT ASSAM CHANDMARI GUWAHATI- 3. 5:THE EXUCTIVE ENGINEER DHEMAJI IRRIGATION DIVISION DISTRICT- DHEMAJI ASSAM PIN Advocate for the Petitioner : MR.M BHAGABATI Advocate for the Respondent : MR.B GOGOI Page No.# 8/10 THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY BEFORE Order

04.02.2022 Heard Mr. M Bhagabati, learned counsel for the petitioners. Also heard Mr. P Nayak, learned counsel for the respondents.

2. The petitioners are former Seasonal Power Pump Operators, under the Dhemaji Irrigation Division. They filed WP(C) 6055/2013 to claim regularization of their services. The said writ petition was disposed of on 04.12.2013 with a direction to the State authority to take a policy decision for regularization of the services of the petitioners. Vide a communication dated 14.12.2015, the State of Assam in the Irrigation Department addressed to the Secretary of the Association of the employees of the Irrigation Department intimated the Government decision that the order passed in WP(C) 6055/2013 could not be complied with as similar kind of order was challenged and pending before the Hon’ble Division Bench of this court. Challenging the aforesaid order, the petitioners are before this court.

3. During the pendency of the consideration of the claim of the petitioners at the Government’s end, the Hon’ble Division Bench of this court in its judgment dated 08.06.2017 passed in WA 45/2014 (State of Assam vs. Upen Das) reported in (2017) 4 GLR 493 dealing with similar claim of regularization and framing of policy decision for regularization held as follows: Page No.# 9/10 “22. 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 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. 23. For These reasons, we are of the view that in the fact situation of the case, Muster Roll workers, Work Charged workers and Casual workers are not entitled for regularization of their services with consequential benefits, such as, pension, etc. We, accordingly, subject to our direction in paragraph 22 of the judgment, allow the appeal and set aside the impugned judgment and order dated 20.12.2013 passed by the learned Single Judge.”

4. Subsequent to this judgment of Upen Das (supra) the State of Assam in Finance Department issued two orders being 08.03.2019 under No. FEC (II) 2014/413 and 03.10.2019 under No. FEC (II) 2014/414 in terms of paragraph 22 of the aforesaid judgment and framed certain conditions for paying minimum basic scale of pay, DA and medical benefits to the persons who were working more than 10 years prior to the passing of the aforesaid judgment and some other conditions and accordingly said process was carried out.

5. In above backdrop more particularly in view of the decision of Upen Das (supra), this court is of considered opinion that the impugned order cannot be held to be bad. In that view of the matter, this court is not inclined to interfere with the impugned order dated 14.12.2015.

6. However, the Irrigation Department shall consider the case of the Page No.# 10/10 petitioners and verify whether they are entitled for the benefits under the communications dated 03.12.2019 and 08.03.2019 (supra) and if they are found entitled, the Irrigation Department shall forward the same to the Finance Department and the Finance Department after applying its own mind considering the case of the petitioners, if found them to be entitled for any benefits under the aforesaid orders (supra) may pass necessary order. The said exercise need to be carried out within a period of three months from the date of receipt of a copy of this order.

7. In terms of the aforesaid observations, this writ petition stands disposed of, however, no order as to cost. JUDGE Comparing Assistant