BHASKAR SAIKIA AND 9 ORS Vs. STATE OF ASSAM AND ORS
HIGH COURT OF GAUHATI
Bhaskar Saikia And 9 Ors
STATE OF ASSAM AND ORS
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Sanjay Kumar Medhi, J. -
(1.) Heard Mr. P Hazarika in WP(C) No. 3259/2011 and WP(C) No. 3414/2011 and Mr. S K Talukdar in WP(C) No. 3415/2011 appearing on behalf of the petitioners in the respective cases. Also heard Mr. S P Das, learned Standing Counsel Skill, employment and Entrepreneurship Department (earlier Labour and Employment Department) as well as Mr. N Goswami, learned State counsel.
(2.) In these batch of three writ petitions, challenge have been made two show cause notices dated 15.06.2011 separately issued to the petitioners. By the said impugned notices, the petitioners have been asked to show cause as to why their services rendered in the various ITI under the Directorate of Employment and Craftsmen Training should not be terminated. The grounds of issuing show cause is that the respective appointment of the petitioners made in the year 2009 was not done as per the provisions of Assam Public Services (Direct Recruitment Rules of Clause III & IV post) Rules, 1997 but by following a wrong Rule, namely, the Assam Craftsmen Training Services Rule, 1993 which does not govern the services of Grade-IV employees.
(3.) The facts of the respective cases may be narrated in the following manner: The respondent authorities had initiated a recruitment process for appointment to various posts including Grade-IV post under the Directorate of Employment and Craftsman Training, Assam. In this connection, the Government in the Labour and Employment Department vide communication dated 18.02.2009 had conveyed the approval for such appointments for the 6 vacant posts of Dresser, 10 posts of Workshop Attendant and 4 posts of Hostel cook (District). Pursuant to the said approval, an advertisement was published in the Assam Tribune on 10.07.2009 inviting applications for filling up the vacant sanctioned posts. The said advertisement which was published by the Director, Employment and Craftsmen Training, Assam, however did not indicate under which Rules, the recruitment process was undertaken. Be that as it may, the petitioners applied for the respective post and their candidatures were considered.;
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