Decided on June 05,2018

Tulen Gogoi Appellant
State Of Assam And 3 Ors Respondents


Suman Shyam, J. - (1.) Heard Mr. A. R. Bhuyan, learned counsel for the writ petitioner. I have also heard Dr. B. Ahmed, learned Standing Counsel, Irrigation Department, Assam, appearing for respondent Nos.1, 2 and 3 as well as Mr. P. Nayek, learned Standing Counsel, Finance Department, appearing for respondent No.4.
(2.) The facts of the case giving rise to the filing of the writ petition are these. The writ petitioner was engaged as a Muster Roll worker in the Tinsukia Division of the Irrigation Department on 01.06.1991 and since then, he has been continuously rendering his services. The State Cabinet took a decision dated 22.07.2005 to regularise the services of all such Work-charged/Muster Roll workers who were engaged prior to 01.04.1993 and were continuously serving under the departments. However, the posts which were to be created for regularising these Muster Roll workers were meant to be personal to each incumbent meaning thereby that on their retirement from service these posts would stand abolished. Since the petitioner was engaged prior to 01.04.1993, hence, the concerned Executive Engineer had forwarded his name as one of the eligible Muster Roll workers for regularisation of his service by the letter dated 07.06.2005. In the list appended to the letter dated 07.06.2005 addressed to the Superintending Engineer, Dibrugarh Circle (Irrigation), Dibrugarh the name of the petitioner was mentioned as "Tulon Gogoi" and his date of birth was reflected as 9.9.72. On the basis of the list forwarded by the department, the approval of the Finance Department was obtained whereafter, by the order dated 3.10.2005 issued by the Secretary to the Government of Assam, Irrigation Department, Guwahati-3 the creation of posts for regularisation of the services of the Muster Roll/Work-charged workers engaged in the Department prior to 01.04.1993 was notified. In the list of workers appended to the letter dated 03.10.2005, the name of the petitioner was included at Serial No.61 but was recorded as "Tulin Gogoi" and his date of birth was shown as 31.01.1956. In the aforesaid letter dated 03.10.2005 the Executive Engineer, Tinsukia Division (Irrigation), Tinsukia was, however, instructed to examine the bio-data of the Work-charged/Muster Roll workers as per approved list on or before 06.10.2005 and inform if any discrepancy is noticed in the approved list immediately to the Chief Engineer, Irrigation, Assam. On 06.10.2005 the Executive Engineer (Irrigation), Tinsukia, had issued an Office Order notifying the names of those Muster Roll workers whose services were regularised with effect from 22.07.2005 in the scale of pay of Rs.2450-40-2770-EB-60-3490-90-3670 plus other allowances as per the admissible rules. The name of the writ petitioner appeared at Serial No.42 in the said list and was recorded as "Tulen Gogoi".
(3.) Upon regularisation of his services, the petitioner had received his salary and allowances as per the regular pay scale with effect from 06.10.2005 till the month of May, 2013. Thereafter, the salary of the petitioner was suddenly stopped by the department on the ground that there was no retention of the post created against his name.;

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