Gauhati High Court
Kuladhar Talukdar And 8 Ors vs The State Of Assam And 4 Ors on 19 December, 2019
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010316032019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 9451/2019
1:KULADHAR TALUKDAR AND 8 ORS.
S/O LT. KANDARPA TALUKDAR, VILL. KRISHNA NAGAR, A.E.I. ROAD, P.O.
CHANDMARI, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN-781003, PH. NO.
8486881785
2: MONORANJAN DAS
S/O SHRI BHABENDRA NATH DAS
L.N.B. PATH
HATIGAON
P.O. - HATIGAON
GUWAHATI
DISTRICT- KAMRUP(M)
ASSAM
PIN-781038
PH. NO. 9864097814
3: GOLAP DAS
S/O SHRI HARENDRA NATH DAS
VILLAGE - KAHIBARI
P.O.- PATBAUSI
DISTRICT- BARPETA
ASSAM
PIN- 781314
PH. NO.9854774362
4: PRADIP SARMA
S/O LATE RUPESWAR SARMA
Page No.# 2/4
VILLAGE - DHARAPUR
P.O. - AZARA
DISTRICT- KAMRUP
ASSAM
PIN- 781017
PH. NO. 9365466861.
5: JATIN SARMA
S/O LATE KRISHNA KANTA SARMA
VILLAGE - BHAKUATAPA
P.O. - RAULI
DISTRICT- BARPETA
ASSAM
PIN- 781309
PH. NO.9957654835.
6: ATUL CHANDRA DAS
S/O SHRI SAJLU RAM DAS
VILLAGE - KURUA P.O.-KURUA
DISTRICT- DARRANG
ASSAM
PIN- 784145
PH. NO.8474046897.
7: PHUL KUMARI DEVI
D/O - DHARMA KANTA SARMA
VILLAGE - GOWALJHAR
P.O.-DHEKIPARA
P.S. SIPAJHAR
DISTRICT- DARRANG
ASSAM
PIN- 781029
PH. NO. 6001071675
8: BASANTA KR. CHOUDHURY
S/O LATE UMARAM CHOUDHRY
VILLAGE - BUMAKHATA
P.O.- PATTCHAKUCHI
Page No.# 3/4
DISTRICT- BARPETA
ASSAM
PIN- 781325
PH. NO. 9435407718
9: NAGENDRA NATH SARMAH
S/O LATE TARANATH SARMAH
VILLAGE - PANIGAON
P.O. - PANIGAON
P.S. - BELCHAR
DISTRICT- NALBARI
ASSAM PIN- 781303
PH. NO. 848645851
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR,
GUWAHATI - 781006.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR GUWAHATI- 781006.
3:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
PERSONAL (B) DEPARTMENT
DISPUR
GUWAHATI- 781006
4:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
CHANDMARI
GUWAHATI- 3.
5:THE EXECUTIVE ENGINEER
WATER RESOURCE DEPARTMENT
GUWAHATI EAST WATER RESOURCE DIVISION
GUWAHATI-08
Advocate for the Petitioner : MR. M BHAGABATI
Advocate for the Respondent : SC, WATER RESOURCE
Page No.# 4/4
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 19-12-2019 Heard Mr. M. Bhagabati, learned counsel for the petitioners and Mr. B. Goswami, learned Additional Advocate General, Assam for the respondent Nos. 1, 3, 4 and 5. Also heard Mr. P. Nayak, learned Standing Counsel, Finance Department for the respondent No. 2.
The petitioners herein were Muster Roll Labours-cum-Khalasis in the Water Resource Department. Pursuant to a Government scheme, the services of the petitioner Nos. 1 to 8 were regularized by an order dated 20.10.2005 and the service of the petitioner No. 9 was regularized by order dated 03.02.2007 against their personal posts as Grade-IV employees. Subsequently, they were temporarily promoted to the post of Section Assistant against existing vacancies until further order and by the impugned Office Order No. 110 dated 30.11.2019, the Executive Engineer, Guwahati East Water Resource Division, rebutted back the petitioners to their original regularized personal posts w.e.f. 01.12.2019.
Being aggrieved with their such reversion, the petitioners have preferred this writ petition.
Issue notice, returnable by 09.01.2020.
The parties to this proceeding shall exchange their affidavits in the matter before the returnable date.
The interim prayer of the petitioners shall be considered on the returnable date.
Pursuant to the order dated 02.12.2019 passed in Writ Appeal No. 323/2019, list this matter on 09.01.2020.
JUDGE Comparing Assistant