GOBIN PEGU Vs. STATE OF ASSAM AND 5 ORS
HIGH COURT OF GAUHATI
State Of Assam And 5 Ors
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Nelson Sailo, J. -
(1.) Heard Mr. M. Talukdar, the learned counsel for the petitioner and Mr. N Goswami, the learned State counsel appearing for all the respondents except respondent Nos. 2 and 5.
(2.) By filing this writ petition, the petitioner claims that he has been appointed as Extra-Writer in the establishment of Sub-Registrar, Jonai district and Dhemaji on daily wage basis for a period of three months @ Rs.25/- per working day since the month of September, 2009. Although the petitioner was initially appointed for 3 months, the learned counsel Mr. M. Talukdar submits that the petitioner continues to work as such till date. He submits that the petitioner has also completed the training programme conducted for Extra Writers and that the petitioner be regularized in his service since there are vacancies in the posts of Extra Writer. The learned counsel further submits that although the petitioner has been continuously working as such, he has not been paid his salary since his date of joining to the said post. Although the learned State counsel appearing on 06.06.2018 was asked to obtain instructions with regard to the continuity of the appointment of the petitioner and as to whether there was any regular vacancy in the post of Extra Writer under the respondent No.3, Mr. N Goswami, the learned State counsel however submits that he has not received any instruction in this regard.
(3.) It may be seen that the petitioner was appointed as Extra Writer under the establishment of the respondent No.3 on the approval given by the Inspector General of Registration vide communication dated 15.09.2009. The said engagement was accorded only for a period of 3 months to clear the pending works. Therefore, the engagement being for a specific period, the petitioner cannot claim regularization contrary to the relevant recruitment rules for appointing an Extra Writer. However, at the same time, as the petitioner claims to have been working as Extra Writer from the date of his initial appointment till date, the writ petition is disposed of with a direction to the respondents, more particularly, the respondent No.6 to cause a verification as to whether the petitioner is working as Extra Writer till date. On such verification, if it is found that the petitioner is still working as such, he shall be paid his salary which is due to him as soon as possible within the outer limit of 3 months from the date of receipt of a certified copy of this order.;
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