TAING TARIN Vs. STATE OF ARUNACHAL PRADESH
HIGH COURT OF GAUHATI (AT: ITANAGAR)
STATE OF ARUNACHAL PRADESH
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AJIT BORTHAKUR -
(1.) Heard Mr. K. Gogoi, learned counsel appearing for the petitioners and Mr. S. Tapin, learned Senior Government Advocate appearing for the State respondents.
(2.) By this petition under Article 226 of the Constitution of India, the petitioners, who are casual workers with various trade designations, have prayed for a direction to the employer respondent authorities-the Department of Power, Arunachal Pradesh to regularize their services with all the benefits thereof by setting aside the impugned Memorandum vide No. SE/APEC-1E-V/WC-95/2016-17/3092-159, dated 23.11.2016, issued by the respondent No.3 - The Superintending Engineer (E), Department of Power, Naharlagun, District Papum Pare, Arunachal Pradesh, whereby the representation of the petitioners, dated 01.11.2016, for regularization of their services has been disposed of. The petitioners have also prayed to strike down the Regulatory Scheme vide No.CE(T and D)/EWC/V/21/7973-91, dt.09.12.2004, passed by the respondent No.2- the Chief Engineer (T and D), Department of Power, Arunachal Pradesh holding the same to be unauthorized and ultra vires to the mandate of Article 309 of the Constitution of India and further, to direct for protection of their right to the pensionary benefits keeping in consideration of their long and uninterrupted periods of service as casual workers.
(3.) The grievance of the petitioners, in a nutshell, is that they have been working as casual Grade-IV and Grade-III staff continuously for more than 10(ten) to 20(twenty) years, without interruption against sanctioned vacant posts in the department of Power, Arunachal Pradesh. Vide Office Memorandum, dated 13.08.2007, the Government of Arunachal Pradesh adopted a policy decision to regularize the services of such casual employees and accordingly, some of the similarly situated employees in their department and in other departments were regularized, but the case of the petitioners has not been considered, despite various representations were made to the authority. The petitioners have further contended that they filed writ petitions vide WP(C)No.180(AP)2016; WP (C) No.53(AP)2016 and WP(C)No.554 (AP) 2015, for redressal of their grievances and accordingly, this Court vide the common order, dated 01.08.2016, directed the department of Power, Arunachal Pradesh to consider their claim for regularization of service, in terms of the Office Memorandum and other guidelines, if any.;
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