PRAMOD BARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS writ petition relates back to an earlier writ petition, which was registered and numbered as Civil Rule No. 1889/94. By the said writ petition the Muster Roll labourers of the Veterinary Department, Government of Assam had approached this Court invoking its writ jurisdiction through their Union. By the said writ petition a prayer was made for regularisation of the services of the Muster Roll workers and not to give effect to the directives of the Department by which the decision was communicated not to engage any Muster Roll workers except for the purpose of development of the livestock and poultry firms with effect from 19.09.94. The said writ petition was disposed of with the following observations and directions :

(2.) NOW the present writ petition has been filed by 38 petitioners who claim the benefit of the said direction of this hon'ble Court. According to the petitioners, they were the members of the union, which had filed the earlier writ petition and thus their case is covered by the aforesaid judgment and order dated 19.9.94. Pursuant to the said judgment and order a meeting was convened on 21.3.98 in the Office Chamber of the then Minister, Animal Husbandry and Veterinary Department, Assam. In the said meeting the Union was represented by its President, Hari Nath and other eight members of the Union and in the Government side it was represented by the then Minister, Commissioner and Secretary of the Department, Joint Secretary of the Department, Director of Animal Husbandry and Veterinary Department and the Finance Officer in the Directorate. After a threadbare discussion it was agreed that according to the list submitted by Shri Hari Nath, 972 workers would be allowed to be engaged afresh immediately. As regards the arrear salary etc., if any, from 1993 to the date of the meeting it was observed that the same would be decided by the Govt. and the decision which might be arrived at would be accepted. In the said meeting Shri Hari Nath submitted the letter dated 5.4.97 enclosing the list of 84 workers allegedly engaged by the establishment. It was expressed with surprise that how such an original document could be obtained by Shri Hari Nath. It was observed that as per the verification carried out by the Director, Animal Husbandry and Veterinary Department, the same did not tally with another list submitted on that day. It was further observed that after verification, 39 Muster Roll workers were found to be genuine as against the list containing the names of 84 persons. It was held that the establishment being Very small, there was no occasion and scope to engage such a huge numbers of Muster Roll workers. Finally, it was observed that the decision to absorb 972 Muster Roll workers was final and the matter stood disposed of. As per the said minutes, the office of the Director, A H and V Deptt., Assam was to take immediate necessary action.

(3.) THE respondent No. 2 has filed an affidavit taking a stand that all the petitioners were illegally engaged without any approval of the competent authority and also in violation of instruction issued by the Government in terms of which the Muster Roll workers engaged after 1.1.90 were not to be retained. According to the stand in the said affidavit, the petitioners were engaged temporarily and illegally after 1.1,90. In paragraph 5 of the affidavit a stand has been taken that the Govt. of Assam has already constituted a committee for examination of the position of deployment of Muster Roll worker in A. H. and V. Department. Thereafter, the Govt. has taken a policy decision not to retain any Muster Roll workers who were engaged after 1.1.90. However, the Drawing and Disbursing Officers (DDO) in total violation of Government decision had illegally engaged some Muster Roll workers without the approval from the competent authority. Thus, it is the stand of the respondents that the case of the petitioners does not fall within the approved norms laid down by the Government and that the petitioners having already been retrenched from service as Muster Roll workers, there is no question of their re -engagement or regularisation as has been prayed for in the writ petition.