ASHOK RANJAN KAR AND 2 ORS Vs. KALLOLMOY SEN
LAWS(GAU)-2018-3-18
HIGH COURT OF GAUHATI
Decided on March 09,2018

Ashok Ranjan Kar And 2 Ors Appellant
VERSUS
Kallolmoy Sen Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. N. Dhar, learned counsel for the review petitioners. None appears for the respondent Public Works Department and Finance Department.
(2.) This review petitioner has been filed by the petitioners seeking review of the order dated 10.08.2017 passed in WP(C) No. 593/13. Order dated 10.08.2017 may be abstracted as below:- "Heard Mr. I H Saikia, the learned counsel for the writ petitioners and Mr. P Nayak, the learned counsel for the Finance Department. The other State respondents are represented by Mr. MR Adhikari, the learned Government Advocate. The petitioners have claimed regularization of their service by this writ petition. But however a Division Bench of this Court has negated the claim of the other casual employees for regularization and therefore the writ petition cannot be proceeded with further and the same stands closed."
(3.) Appearing for the review petitioners, Mr. N. Dhar submits that the petitioners are aggrieved with the order dated 10.08.2017 on the ground that the Division Bench of this Court vide Judgment and order dated 08.06.2017 passed in Writ Appeal No. 45/2014 did not negate the claim of the writ petitioners therein altogether. He submits that the Writ Appellate Court in fact at paragraph No. 22 of the said judgment and order has given some relief to the temporary employees, who are in fact similarly situated as the review petitioners. Paragraph No. 22 of the judgment and order dated 08.06.2017 may be abstracted as below:- " 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.";


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