SANJAY LAKHIDHAR BHUMIJ Vs. ASSAM STATE ELECTRICITY BOARD AND OTHERS
HIGH COURT OF GAUHATI
Sanjay Lakhidhar Bhumij
Assam State Electricity Board And Others
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Hrishikesh Roy, J. -
(1.) Heard Mr. S. Sarma, the learned counsel for the petitioner. The respondent Nos.1-3 are represented by Mr. D. Nath, the learned Addl. Sr. Govt. Advocate. The learned standing counsel for the Finance Department, Mr. P. Nayak appears for the respondent Nos.4 & 5.
(2.) The petitioner is serving as a muster roll worker in the Guwahati National Highway (NH) Division of the PWD and his grievance relates to cancellation of his regularization as a muster roll worker. The regularization for the petitioner was mistakenly granted by treating him to be a pre 1.4.1993 appointee, working continuously without break in the same Department. However when it was found that continuation of service of the petitioner was only after 1.12.1998 (not before the cut off date of 1.4.1993), the regularization order was found to be unmerited and accordingly the same was cancelled. This order was re-visited by the authorities in pursuant to the Court's direction dated 18.12.2009 (Annexure-8), in the WP(C) No.3120/2009, but the resultant enquiry revealed that there is no record of continuous service of the petitioner prior to 1.4.1993 nor could the employee produce any such proof of earlier service. Accordingly, the cancellation of regularization, was left undisturbed by the authorities.
(3.) The only point argued by the learned counsel, Mr. S. Sarma is that the petitioner was engaged at the Bagori Inspection Bunglow, before he was transferred to the Guwahati National Highway Division and therefore his past service at Bagori, should be taken into account for restoration of the regularization order.;
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