SRI DINADAYAL RABHA AND 48 OTHERS Vs. THE STATE OF ASSAM AND 6 OTHERS
LAWS(GAU)-2018-2-168
HIGH COURT OF GAUHATI
Decided on February 15,2018

Sri Dinadayal Rabha And 48 Others Appellant
VERSUS
The State Of Assam And 6 Others Respondents

JUDGEMENT

MANOJIT BHUYAN,J. - (1.) A bunch of writ petitions were answered by a learned Single Judge vide common judgment and order dated 03.10.2016. The present appeal pertains to the determination made in one such writ petition i.e. WP(C) 1399/2013.
(2.) We have heard Mr. K.K. Mahanta, learned senior counsel for the appellants, assisted by Mr. K. Singha and Ms. P. Thapa, Advocate(s) as well as Dr. B. Ahmed, learned counsel for the respondents.
(3.) The facts of this case have been exhaustively dealt with in the related writ petition. However, for the determination of this appeal, the relevant facts are traversed once again. The appellants were employees of a Government company called the Assam State Minor Irrigation Development Corporation Limited (in short, ASMIDC). The financial health of ASMIDC having received severe setback, the Government of Assam examined winding up of ASMIDC. In this regard, a proposal was initially made for creation of a separate ground water wing in the Irrigation Department for absorbing the officers and staff of ASMIDC. In all, there were 564 numbers of employees in ASMIDC. At the initiative of the Irrigation Department, endeavour was made to absorb all the employees in various State Government departments, which eventually did not fructify as the departments concerned expressed their inability. The Irrigation Department on its own calculated the existing vacancies of analogous posts which came to 262 nos. Accordingly, the Managing Director of ASMIDC submitted proposal for absorption of 262 numbers of employees of ASMIDC in the Irrigation Department and for granting benefits under the Voluntary Retirement Scheme (VRS) to the rest of the employees. In this regard, the Assam Government State Cabinet decided on 25.02.2004 that out of the total 564 employees, 262 were to be absorbed in the Irrigation Department and 302 to be granted VRS benefits. The appellants herein were included in the list of VRS beneficiaries. Following the Cabinet decision, consequential Notification dated 13.05.2005 was issued by the Government of Assam in the Irrigation Department for absorption of the aforesaid 262 employees.;


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