RAJESH KOL AND ORS. Vs. THE STATE OF ASSAM AND ORS.
LAWS(GAU)-2018-1-142
HIGH COURT OF GAUHATI
Decided on January 23,2018

Rajesh Kol And Ors. Appellant
VERSUS
The State Of Assam And Ors. Respondents

JUDGEMENT

HRISHIKESH ROY,J. - (1.) Heard Mr. S.K. Ghosh, the learned counsel appearing for the petitioners. The respondents are represented by Mr. S.S. Roy, the learned Govt. Advocate, Assam.
(2.) The petitioners were inducted into the Assam Tea Plantation Security Force (ATPSF), on daily wage basis, initially on contract for a period of three years. The ATPSF was abolished w.e.f. 15.12.2008 and the new organization i.e. the Assam Industrial Security Force (AISF) were raised, inter-alia, from those from the ATPSF found to be suitable. However when the suitability test for the ATPSF personnel were conducted from 6th May-8th June, 2008, the petitioners were deprived of the opportunity to participate in the assessment exercise. Their prayer is therefore to assess their suitability and to consider their absorption in either of the two Battalions, of the AISF.
(3.) The learned counsel for the petitioners, Mr. S.K. Ghosh submits that the exercise to assess the suitability was undertaken by the Government, in pursuant to the 22.4.2002 direction, in the Civil Rule No. 1584/1997 (All Assam Tea Plantation Security Force Welfare Committee v. State of Assam). It is accordingly argued that the petitioners should have been allowed to participate in the suitability test, notwithstanding their discharge status, when the assessment was made in May/June, 2008.;


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