RAJU SINGHA Vs. STATE OF ASSAM AND 4 ORS
HIGH COURT OF GAUHATI
State Of Assam And 4 Ors
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Nelson Sailo, J. -
(1.) Heard Ms. N. Saikia, the learned counsel for the petitioners in both the writ petitions and Mr. B. Gogoi, the learned counsel appearing for the respondent Finance Department. Also heard Mr. N. Goswami, the learned State counsel appearing for State Public Works Department and Ms. A. Neog, the learned counsel appearing for the Dima Hasao Autonomous Council.
(2.) The subject matter in both the writ petitions being similar and identical, they are taken up together and being disposed of by this common Judgment and Order.
(3.) In W.P(C) No.3469 of 2015, the writ petitioner was appointed as Work Charge Section Assistant vide Office Order No. 18 dated 20.05.1994 by the respondent No. 5 in the Pay-scale of Rs. 1055-2090 per month. The petitioner was initially appointed for a period of three months but was extended from time to time till his services was continued until further orders vide Office Order No. 79 dated 17.08.2002. The petitioner approached the respondent authorities for regularization of his service by submitting representations from time to time. On 01.10.2010, the respondent No. 5 forwarded the representation of the petitioner to the respondent No. 2 informing him that they were two vacant post of Regular Section Assistant available under the Haflong Division of the Public Works Department. Thereafter, the petitioner again on 26.05.2015 submitted a representation before the Under Secretary to the Government of Assam, Public Works Department (Establishment Branch) through proper channel seeking regularization of his service against one post of Regular Section Assistant which according to him was lying vacant due to the retirement of the incumbent. However, as the petitioner was not considered despite having served for about 21 years, he has filed the present writ petition.;
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