MRIDUL PATHAK AND ORS Vs. STATE OF ASSAM AND ORS
LAWS(GAU)-2018-1-100
HIGH COURT OF GAUHATI
Decided on January 02,2018

Mridul Pathak And Ors Appellant
VERSUS
STATE OF ASSAM AND ORS Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard the learned Counsel Mr. A. Hussain in the WP(C) No.2887/2009. In the 2nd case i.e. WP(C) N0.3983/2012 filed by the same group of litigants, extensive argument is advanced by the learned Counsel Mr. A.K. Purkayastha. The State authorities are represented by Mr. D. Nath, the learned Addl. Sr. Government Advocate. The finance Department is represented by Mr. P. Nayak, the learned Standing Counsel.
(2.) The petitioners are enrolled as Home Guard Volunteers and seek direction for regularization of their service in the Grade-IV vacancies in the State Secretariat Administration Department or alternately, claim preference in the process of recruitment, in pursuant to the advertisement dated 8.6.2012. In the WP(C) No.2887/2009, the petitioners who were deployed on 15.2.2006 for 6 months in the State Secretariat, challenge the order dated 16.7.2009, whereby the deployed group in the Assam Secretariat are to be replaced by a fresh batch from the reserve Home Guards.
(3.) The petitioners contend that by virtue of their exposure to work of Grade-IV employees in the Assam Secretariat, they are entitled to be regularized in the vacancies in the Secretariat Administration Department. If absorption in the vacant post is not possible, alternately, they claim preference in the process of recruitment of Grade-IV staff, in the State Secretariat. The learned Counsel argue that the deployed Home Guards rendered their service without blemish and on that premises they question the logic of their replacement by a fresh group of Home Guards, as is proposed by the impugned communication of 16.7.2009.;


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